Legal Blog
Click here for Part 1, Part 2, Part 3, Part 4, Part 5, Part 6, and Part 7.
When dealing with Maryland state construction contracts, don’t forget to check the Maryland Administrative Procedures Act (APA), Code of Maryland Regulations (COMAR) and Maryland rules Title 7 Chapter 200.
The procedure is complex and time consuming. Contested cases consist of among other things, a hearing before the Office of Administrative Hearings (OAH) before an administrative law judge. The OAH has its own Rules of Procedure. Prehearing motions are allowed. Discovery of documents may be sought, and subpoenas may be issued for the attendance of witnesses and documents at the hearing. A prehearing conference may be obtained to discuss and resolve matters preliminary to the hearing. Parties can be represented by an attorney or appear pro se, but procedural rules must be followed.
In short, these cases require an experienced litigator who can inform an affected party of best practices once a claim is known.
Questions about this topic or any other construction law issue?
Contact John Scaldara at jscaldara@offitkurman.com or 443.738.1581.
ABOUT JOHN SCALDARA
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Mr. Scaldara is past chair of the firm’s Construction and Commercial Claims Practice Group, and a member of the Business Litigation Practice Group. Mr. Scaldara brings to the firm more than 50 years of experience in advising clients on various legal issues regarding commercial litigation, alternative dispute resolution, insurance, and other commercial matters. He is a member of both the Business Litigation Department and the Business Law Department of Offit Kurman.
ABOUT OFFIT KURMAN
Offit Kurman is one of the fastest-growing, full-service law firms in the Mid-Atlantic region. With over 180 attorneys offering a comprehensive range of services in virtually every legal category, the firm is well positioned to meet the needs of dynamic businesses and the people who own and operate them. Our twelve offices serve individual and corporate clients in the Virginia, Washington, DC, Maryland, Delaware, Pennsylvania, New Jersey, and New York City regions. At Offit Kurman, we are our clients’ most trusted legal advisors, professionals who help maximize and protect business value and personal wealth. In every interaction, we consistently maintain our clients’ confidence by remaining focused on furthering their objectives and achieving their goals in an efficient manner. Trust, knowledge, confidence—in a partner, that’s perfect.
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