Legal Updates

Many jurisdictions, including California, Florida, Virginia, and Arizona, prohibit or limit an unlicensed contractor’s ability to maintain a lawsuit or enforce a contract in relation to a construction project. Furthermore, the impact of laws barrin… Read More

Over the years, the long-standing legal theory of breach of an implied duty of good faith and fair dealing has been eroding. Contractors seeking to sue the government for breaching this implied duty were frequently unsuccessful because of the difficu… Read More

In L&W Supply Corp. v. Greenway Enterprises, Inc., 2013 WL 583224 (4th Cir. Oct. 31, 2013), the Fourth Circuit affirmed the entry of summary judgment by the U.S. District Court for the Eastern District of Virginia under the Miller Act in favor o… Read More

Since the 2004 decision of Atlantic Contracting & Material Co., Inc. v. Ulico Cas. Co., 380 Md. 285 (2004), sureties in Maryland state and federal courts have faced great difficulty obtaining summary judgment in contractual indemnification actio… Read More

This June, the U.S. Court of Appeals for the Fourth Circuit affirmed a bankruptcy court’s ruling that false certifications contained in payment applications constitute fraud for the purposes of making those debts attributable to the certifications… Read More

Last month, in McBurney v. Young, the Supreme Court of the United States considered whether Virginia’s Freedom of Information Act, which provides open access to and copying of public records solely to citizens of the Commonwealth of Virginia, viol… Read More

In Cuesport Properties, LLC v. Critical Developments, LLC, 209 Md. App. 607, 61 A.3d 91 (2013), the Maryland Court of Special Appeals examined and affirmed the Anne Arundel Circuit Court’s decision awarding Critical Developments liquidated damages… Read More

In Glasser & Glasser, PLC v. Jack Bays, Inc., 2013 WL 718748 (Va. Sup. Ct.) (Record Nos. 120287-120289) (Feb. 28, 2013), the Virginia Supreme Court recently examined fourteen assignments of error raised by the petitioners to a circuit court’s… Read More