MD Construction Subcontractors Beware!

Maryland Construction Subcontractors Beware The Maryland Construction Trust Statute Does Not Apply to Everyone C & B Constr., Inc. v. Dashiell, No. 76, SEPT.TERM,2017, 2018 WL 3619390, at *2 (Md. July 30, 2018) The Court of Appeals has reaffirmed that subcontractors on construction sites in the State of Maryland have an uphill battle when it comes to holding general contractors accountable under the Maryland Construction Trust Statue. As previously held by the COA, the purpose of the Construction Trust Statute was to protect subcontractors from dishonest practices by general contractors and other subcontractors for whom they might work. In keeping with the purpose to ensure that funds disbursed by an owner or contractor for payment to a subcontractor for work done are paid to the subcontractor, the statute imposed personal liability on the directors, officers, and managing agents of a contractor corporation when they improperly use the funds held in

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Smell of Marijuana is Probable Cause for Search

Marijuana Musk The Aroma of Cannabis as Probable Cause for a Search Lewis v. State, No. 1115, SEPT.TERM,2017, 2018 WL 3199217, at *1 (Md. Ct. Spec. App. June 28, 2018) A casual walk down a busy street in Denver, San Francisco, or Washington D.C., for that matter, is all one needs to recognize that the state of marijuana laws across the country is in significant flux. Being the purple state it is, Maryland seemingly appears not far behind our more liberal contemporaries when it comes to the evolution in thinking around marijuana legalization. Medical marijuana is now available in abundance in Maryland. There are now approximately 30 dispensaries, 12 processors, and 14 growers operating in the state’s medical cannabis industry. In April 2014, marijuana use in the state was decriminalized by the legislature (after overriding a veto by Governor Hogan). The casual observer or occasional partoker might begin to develop

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Money Judgments from Breach of Lease

Money Judgments Resulting from Breach of a Residential Lease between Landlord and Tenant Ben-Davies v. Blibaum & Assocs., P.A., 457 Md. 228, 177 A.3d 681 (2018) In a lengthy opinion, the Court of Appeals of Maryland held that, where landlord sues tenant for breach of contract based on residential lease, and the trial court enters judgment in landlord’s favor against tenant that includes damages for unpaid rent and other expenses, a post-judgment interest rate of 6% applies pursuant to Md. Code Ann., Cts. & Jud. Proc. (1974, 2013 Repl. Vol.) 11-107(b). The case arrived at the Court of Appeals with amicus briefs filed on behalf of the Appellant tenant by Civil Justice, Inc., the Maryland Volunteer Lawyers Service, and the Public Justice Center. At issue was a residential apartment lease which had ended after the residence was prematurely vacated. The landlord’s representative sued the tenant in contract for breach of

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Indefinite Alimony and Signing Bonuses in Maryland

Maryland Court of Special Appeals Analyzes Signing Bonuses with Strings Attached and Indefinite Alimony Bryant v. Bryant, 220 Md. App. 145 (Md. Ct. Spec. App. 2014) Held: The Circuit Court for Anne Arundel County (the circuit court) did not abuse its discretion in awarding Wife indefinite alimony, Md. Code Ann., Fam. Law 11-106(c)(2), based on the employment of Wife, the lifestyle she and Husband enjoyed, Husband’s ability to pay alimony, disparity in parties income, Wife’s responsibility for the children, inability of Wife to save for retirement, and Husband’s incentive payments from employer. Loan payments by Husband’s employer, despite their vesting requirements, were more akin to a signing bonus, and therefore were considered income. Facts: In 2010, Husband accepted a job with UBS as a financial advisor. Husband’s income was structured in the form of a $1,305,000 loan. Under the unconventional payment structure, Husband would receive a series of payments pursuant

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Mutual Consent Divorce

Maryland Legislature Creates Path to Quicker Divorce During the 2015 Legislative Session the Maryland General Assembly passed SB472 Family Law Grounds for Divorce Mutual Consent. The new law takes effect October 1, 2015. With this action, the legislature has made the divorce process for some married couples seeking a divorce much easier and less time consuming. To obtain a divorce in Maryland, a party must be able to prove their grounds for the divorce at the time of filing. The grounds for divorce in Maryland include the following: Adultry No waiting time is required Desertion Presents in the form of actual or constructive desertion and one year must have passed Conviction of a felony or misdemeanor After incarceration for a minimum of one year on a sentence of three years or more One year of Separation Must live separate and apart and without cohabitation for one year without interruption Insanity

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