Building Contractor Payment Claims in Maryland
Cowie & Mott PA is a construction, business and litigation Law firm. We represent developers, owners, general contractors, subcontractors and material suppliers with payment disputes and delay claims and which arise out of construction projects.
All businesses involved in the contracting business will invariably find themselves in a situation are they are in a dispute over payment for work or materials supplied to a construction project. There are various reasons given for lack of payment and they include defective construction, untimely work, unauthorised work, failure to provide proper change orders and simple lack of funds. Sorting out these claims can be complex and detailed orientated.
Payment disputes can vary depending on where are the contractor is in the chain of command and whether a project is a private contract. Or a public works projects on behalf of a federal, state, county or city agency period
In addition to contractual rights, various statutes and insurance surety contracts may provide a mechanism for obtaining payment and resolving payment disputes provided timely action is taken regarding payment. These include the following:
- The Maryland Prompt Payment Statute
- The Marylands Mechanics’ Lien Law
- Payment Bonds
- Performance Bonds
- The Maryland little Miller Act
- The Maryland Prompt Payment Act for Public Contracts
- The Federal Miller Act
- The Maryland Trust Fund Statute
Cowie & Mott recently handle a payment dispute involving Commercial Construction project. The case was subject to arbitration and involved a payment bond and multiple claims regarding change orders and back charges. The arbitration proceeding was before the American Arbitration Association and lasted approximately two weeks with multiple witnesses called to testify. Cowie & Mott received this email from our client commenting on our firm’s litigation skills in handling the arbitration proceeding:
I am writing this email in response to the experience I have had over the past couple of months with my case and the representation by your attorney’s….
I never have had such a great experience with this whole process. I never would take the time to write a response like this, but I feel that it is required.
The 3 weeks we spent in the arbitrator’s office was a learning experience. I was always told what a good attorney that [the opposing party] has and I have to say, [Cowie & Mott’s attorneys] were much more prepared and much better attorneys. I would have fired the attorneys [for the opposing party] after the first day, as [Cowie & Mott’s attorneys] made them look totally incompetent.
…. I was very impressed and still cannot believe how silly they made the opposing attorneys look. Your attorneys were very well prepared and probably knew the case better than myself. I think that the most rewarding part of what I witnessed with your attorneys is the way they had every response from the opposing witness completely covered and placed so much doubt in their responses on cross with documentation. They made every witness show a lack of credibility. Your attorneys were in fact much more experienced and better understand the law then the [opposing] attorneys.
I could go on and on, but a great job needs to be acknowledged and your attorneys were the best I have ever been associated with and what a great team effort as they supported each other during the entire process. Their strategy and professionalism far exceeds anything I have ever been associated with.
Job well done ….
Please contact Cowie & Mott, P.A. if you are seeking a Maryland construction, business or litigation attorney. We will gladly provide references.