Thomas C. Valkenet has been a Maryland and D.C. lawyer for almost three decades in complex cases involving real property, insurance, maritime, general business and construction matters. A graduate of St. Anselm College and the University of Baltimore School of Law, he co-founded the firm with Thomas G. Young, III in 1993. Mr. Valkenet has represented individuals and companies in all areas of law in the state and federal courts.Thomas is a member of the Maryland State Bar Association, the District of Columbia Bar Association and several local and specialty law associations relating to many areas of practice. More...
The Show Cause Hearing provides very limited bases to defeat the imposition of the interlocutory lien (a temporary lien that will persist through the remainder of the litigation, unless you post a bond or other security). Factual disputes about the work often do not carry the day, at this hearing. Whether certain statutory requisites have been met, and whether you can absolutely demonstrate payment to the sub are the few bases to win, at this early stage. See More...
In a market where completion costs are rising, such as the astronomical cost of lumber, the owner may contract a completion contractor that will cost much more than the SOV in the broken agreement. Upon proof that the materials were necessary to complete the same scope of work, the defaulting contractor may become liable for the difference between what the owner would have paid, and what the owner had to pay to obtain full performance of the See More...See More...
You may be correct, but nothing good happens if you ignore the notice of intent. What you received is the precurser to a lawsuit to establish and enforce a lien. Whether the notice is correct, whether the project is properly lienable, and whether your suspicions are correct, all require attention and investigation. It may ultimately wind up in a Circuit Court, so do the work, now. Start with your insurance adjuster.See More...
Are you being dunned for payment? Have you received a notice of intent to lien your property? Did your contract require lien releases in exchange for your payment?See More...
Your question misses the real issue-- you must deal with the customer's complaints, head on. Your issue is not with the bank. If you are entitled, then sue. If you are entitled to imposition of a mechanic's lien, give notice and proceed, as per the Statute.See More...