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Maryland’s mechanic's lien laws seek to protect materialmen by ensuring they are paid for supplying labor and materials; however, one aspect of their design leaves lien claimants vulnerable to losing out completely. In contrast to other states, like Virginia, Maryland’s delayed process for a contractor to establish a lien, in some situations can destroy the contractor’s right to claim a lien altogether and can leave the contractor without a remedy for the unpaid services and materials it provided. Mechanic's lien… Read More

When a new injury claim comes in from the jobsite, the first question that should be asked is simple: what happened? The answer is usually a simple retelling of how someone managed to injure themselves. They dropped a cinderblock; their glove got caught in something it probably shouldn’t have been near; a piece of debris fell from above; or even “I just turned to get in the vehicle.” All of these can be a prelude to what may be a… Read More

For many of us, the last couple of years have seen significant changes that have caused a shift in how we have decided to shop for homes. Many employers are moving towards remote work for increased productivity and overhead cost savings, leading many employees to trade in their commute friendly home for something larger, albeit more distant. As businesses closed their doors, former employees found themselves moving to new locations for work. Those who were also hit economically ended up… Read More

The Americans with Disabilities Act (ADA) became law in 1990 and prohibits discrimination on the basis of disability in employment, state and local government, public accommodations, commercial facilities, transportation, and telecommunication. The ADA protects individuals who themselves have disabilities or those who have a relationship or association with an individual with a disability. As defined by the ADA, an individual with a disability is someone with a physical or mental impairment that substantially limits one or more major life activities,… Read More

If you are a member of a company in any industry, you likely have an online presence. The value and positive impact of a commercial website is critical and necessary today. Your website represents you, putting forward the image you want customers and employees to have of your company. You may have spent a great deal of time and money making sure it looks and functions just the way you want. Even so, you may still be at risk for… Read More

One of the few successes that the trucking industry has enjoyed in recent years in its continuing effort to curtail the piratical practices of towing companies came in the most recent General Assembly session. The legislature passed, and the Governor signed, Senate Bill 705, which creates a new statute, Code section 46.2-1217.1. The statute becomes effective on July 1, 2022, and will provide: On any invoice charging $10,000 or more for towing and recovery services rendered pursuant to a lawful… Read More

In my last article, I discussed unexpected overtime liability for transportation companies under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 203 et. seq for non-exempt drivers. As a reminder, companies are generally required to pay non-exempt employees time-and-a-half, or 1.5 times their normal wage, for hours worked beyond 40 in a week. Although there are a number of exemptions to this requirement, the regulations involving trucking companies are particularly opaque and variable. If feasible, the safest way of… Read More

There are certain questions lawyers get asked with some frequency, including “What about my pain in suffering?” Mental anguish, pain and suffering, humiliation, embarrassment, annoyance, whatever term may apply, Virginia law places serious limitations on the recovery of money in a lawsuit for these emotional-type, non-pecuniary (i.e. non-monetary) damages. Let’s cover one big issue first: under Virginia law, non-pecuniary damages are not recoverable for breach of contract alone. See, e.g., Sea-Land Serv., Inc. v. O'Neal, 224 Va. 343, 354 (1982).… Read More