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Complying With Maryland Construction Regulations 101
One of the important ways to ensure that a construction project is successful is to comply with applicable local, state, and federal regulations. This is no easy task given the web of regulations that govern many aspects of construction, from environmental and safety regulations to zoning, building codes, contracts, and employment laws. An experienced Maryland construction attorney can help you ensure that you have a strong compliance process in place to stay ahead of legal issues on your construction project.
What Is Construction Compliance?
Simply put, compliance in a construction context means abiding by the laws and regulations that apply to a particular construction business or project to ensure the construction is completed safely and legally.
Compliance is often complex and involves many moving parts because construction touches on multiple areas of law and regulations. What is more, failure to comply can lead to steep financial and reputational penalties – everything from litigation to project shutdown.
Monetary Remedies for Breach of Contract Lawsuits
A breach of contract occurs when one party fails to fulfill their obligations under an agreement. Breaches of contract can have significant financial and reputational repercussions. During litigation to resolve a breach of contract dispute, the court will review many aspects of the case, including whether there was a breach of the agreement and whether that breach was material, meaning that it affected an essential element of the contract. The court may grant the winning party monetary remedies. A Germantown, MD attorney can advise businesses on the potential monetary remedies available for breach of contract should they prevail in the lawsuit.
Liquidated Damages
Some contracts include a liquidated damages provision detailing a specific amount that a breaching party must pay for a breach of contract. Maryland law will enforce a provision for liquidated damages as long as it meets certain criteria, including that it be fair and reasonable. However, if the court finds that the clause imposes a penalty on the breaching party it will generally not enforce the section or award these damages.
What is Defensive vs. Affirmative Asylum?
Asylum allows qualifying individuals to remain in the United States and seek lawful permanent residency in the future. U.S. law provides that people who fear persecution or torture may seek asylum here. The United States offers two main paths to asylum: affirmative and defensive, depending on the circumstances. An experienced Maryland immigration attorney can represent individuals seeking asylum in the United States.
How Do You Qualify For Asylum?
In order to be eligible for both affirmative or defensive asylum in the U.S., you must be physically present in the country and able to show that you have a fear of being persecuted or tortured in your home country due to one of five protected grounds: your race, religion, nationality, membership in a social group, or political opinion.
Mechanics’ Liens for Contractors and Subcontractors in Maryland
Unlike what the name suggests, a mechanics’ lien is a legal mechanism that contractors (and subcontractors) may utilize in order to ensure that they are paid for their labor, services, and materials on a construction project. Contractors that obtain a mechanics’ lien receive security on real property that they can turn to in case they are not paid on a project. An experienced Rockville, Maryland attorney can assist contractors in obtaining a mechanics’ lien.
How Do Mechanics’ Liens Work?
When a contractor obtains a mechanics’ lien, they can force sale of the property to obtain an unpaid amount due on a project. Subcontractors can also receive a mechanics’ lien even if they do not have a contract with the property owner, so long as they have an agreement with the contractor, and the contractor has an agreement with the owner. Other construction professionals, including suppliers and architects, may also obtain mechanics’ liens.
Defenses to a Breach of Contract Lawsuit
Even with the best of intentions, disputes sometimes arise in the course of business. Often, these take the form of accusations that there has been a breach of contract, such as that a party to the contract failed to perform an important contractual obligation. If the contract dispute ends up in court, there are common breach of contract defenses that the party accused of breaching the contract can claim. An experienced Falls Church contract dispute attorney can advise on the most effective breach of contract defenses in your case.
What Are Common Breach of Contract Defenses?
There are many defenses to a breach of contract lawsuit. Most of these are called "affirmative" defenses, meaning that you would not argue that the contract was not breached, but rather that some aspect of the contract makes it or the disputed portion legally void. The effectiveness of a defense will depend on the terms of the contract and the facts of your case.
Probation Officer Convicted for Indecent Liberties with a Minor
A former Virginia probation officer was recently sentenced to five years in prison when he was convicted of taking indecent liberties with a minor in his care. He was charged with the crime and confessed to having sex with the minor, who was a juvenile probationer he was responsible for. At the sentencing, the judge noted that in making his decision, he considered mitigating factors, including evidence that the defendant had undergone therapy for Post Traumatic Stress Disorder (PTSD) and depression, as well as his solid employment history.
On the other hand, the judge also said he considered the defendant’s admission that he had sex with the young girl. He also considered evidence that the defendant had been grooming her, had sex with her even though she expressed reservations, and had done so in the course of his time as her probation officer.
The defendant pled guilty to the felony as part of a plea agreement. He no longer works for the Department of Corrections. If you have been charged with the crime of taking indecent liberties with a minor in Virginia, an experienced criminal defense attorney can explain the charges and craft the best defense for your case.
What Does a Parenting Coordinator Do in a Custody Dispute?
As one of the most emotional aspects of divorce, child custody is prone to causing parental disputes. Parents can disagree on custody schedules, medical decisions for the child, the child’s religious upbringing, and more. Decisions about these important issues are, therefore, usually set out in a parenting plan, an enforceable document that outlines how both parties plan to co-parent their child.
Parents who want to get divorced are required to submit a parenting plan to the court but sometimes do not agree to its provisions, particularly in high-conflict divorces. In some cases, even parents who agree on a parenting plan at first might have second thoughts after the divorce. In either situation, the parents might benefit from a parenting coordinator, a neutral third party who is trained in conflict resolution and family mediation. Parenting coordination is often part of the court process during custody disputes, so find out more information by consulting a Maryland family law attorney.
How Do I Prove Persecution for an Asylum Claim?
Many people come to the United States each year seeking safety and refuge from oppression in their home countries. The U.S. government offers an option called asylum, which allows such people to live and work in the United States while granting them a path to a green card. Asylum is a lifeline for many around the world who are persecuted for their beliefs, religions, races, nationalities, or affiliations. However, the application process for asylum is not an easy one, and it requires the applicant to prove that he or she would be oppressed back home. The best way to ensure a smooth and successful application process is to consult a Maryland immigration attorney who will guide you through each step.
How Does the Asylum Process Work?
In general, a person has one year from the date of his or her arrival to the United States to apply for asylum. The application requires the asylee to provide supporting documents verifying his or her identity, circumstances, and persecution claims. The United States Customs and Immigration Services (USCIS) reviews the application and, if everything is in order, schedules an interview. At the interview, a USCIS officer questions the applicant about the information in the application. If the officer is satisfied with the application and interview, the USCIS is likely to grant asylum.
Can I Be Charged With Prostitution if No Money Was Exchanged?
When most people think about prostitution, they think about money being exchanged for sexual services. While this is a form of prostitution, Maryland law’s definition of the term is much broader and includes exchanges that do not necessarily involve money.
A transaction in which anything of value is bartered for sexual services is considered prostitution, a serious sex crime that carries lengthy prison time, heavy fines, and a spot on the sex offender registry in Maryland. If you are facing prostitution charges, reach out to a Maryland criminal defense attorney right away to safeguard your rights and your future.
How Does Maryland Law Define Prostitution?
Under Maryland law, prostitution means any sexual act or contact that is exchanged for something of value. Common examples of non-monetary payments include:
When Can I Claim Emotional Distress in a Personal Injury Case?
A person who suffers an injury because of someone else’s negligence can sometimes collect compensation for the damages. Usually, these damages are financial: lost wages from an inability to work, medical expenses, and property damage all fall under the category of economic damages.
In some cases, however, a person may seek compensation for non-economic damages. These are not financial or quantifiable, so it is harder to assess the amount of compensation owed to the victim. Emotional distress falls under the category of non-economic damages and in some cases can fetch significant sums. Non-economic damages are harder to prove, so make sure you consult an experienced Maryland personal injury attorney who can represent you.
What Is Emotional Distress?
Emotional distress, which is sometimes referred to as pain and suffering, refers to the emotional hardship a person may experience as a result of an injury. A person who suffers emotional distress might experience:
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