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r i v i l e g e d _ I n f o r m a t i o
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Experience • Integrity • Dedication |
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Jan 05
Vol 5
Issue 1
What's Happening at CB&T
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Everyone at CB&T wishes you and yours a safe, happy,
healthy New Year.
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Have you registered your cell phone number with the Do
Not Call Registry yet? Go to
www.donotcall.gov
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Next Month: Changes affecting Divorce |
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Howard County Builders Must Offer Fire Sprinklers |
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The Howard County Council, at the request of the county
Executive, approved a substantial overhaul of the fire
code for the county. The sixty-six (66) pages of changes
contain numerous issues affecting all of our
construction clients. One interesting note is that new
home builders are required to provide an option to
buyers for automatic sprinkler systems. At the time of
contract execution, the contractor should use a
specifically prepared form to give notice of the option.
Moreover, notice that the option was provided must be
given to the permit office before construction permits
may be issued. There are exceptions to the requirement
and technical provisions that should be discussed by the
builder with its attorney. Also, new home buyers should
be aware of this option and carefully consider it at the
time of sale.
To learn more about our firm, click here:
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Real Estate Tax
Assessments Shock and Awe! |
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If you are one of the 692,000 Marylanders that
received their triennial tax assessment this year,
you may still be suffering from the real estate
equivalent of "sticker shock." An average 46.6%
increase in assessed values for reassessed
properties is causing widespread anger as the State
appears to get its cut of a strongly performing real
estate market. Some qualified homeowners with
significant increases in assessed values can take
advantage of local county-established assessment
caps. These tax caps (generally 3%-7% per year) may
take some of the sting out of the rising
assessments, depending upon the county you live in.
Nevertheless, if you are mad as heck and don't want
to take it anymore, there is a recourse!
It is your RIGHT to
appeal the increased tax assessment. You could lower
your tax assessment by thousands of dollars. This
could make a meaningful difference when it comes to
real estate tax time. Unfortunately, your time is
short, as all appeals must be submitted by February
14, 2005. CB&T, with its strong background in
Real Estate Law, is a natural fit to help you appeal
your assessment.
For more info on our firm, click
here:
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Insurer May Have to Pay Your Pre-Claim Attorney Fees |
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In Sherwood Brands, Inc. v. Hartford
Accident and Indemnity Co., the Maryland Court of
Appeals held that an insured entity was entitled to
reimbursement of its attorney's fees that were
incurred before it gave notice to its insurance
company of the lawsuit. The Sherwood case involved a
dispute between two allied insurance carriers
(Hartford) and their insured (Sherwood) over whether
Hartford breached its duty to defend Sherwood in an
action brought against Sherwood by a competitor, and
if it did breach its duty, whether Hartford was
liable for attorney fees and other litigation costs
incurred before Sherwood gave Hartford notice of the
underlying action and demanded coverage.
If you are considering requesting
reimbursement of litigation expenses in a case in
which your carrier has accepted the duty to defend,
the Sherwood Brands case should provide you with
legal support to assert your reimbursement claims.
For an in depth look
at this article, click here:
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Construction Manager Confined in Jail Dispute |
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Heery International,
Inc. and architectural firm HOK are confined in their
dispute over jail construction to the Montgomery County
administrative appeals process and are not allowed to
proceed immediately to Court as they would have
preferred. The Maryland Court of Appeals has decided
that, although the language of the relevant statute is
not clear, claims against contractors by the County as
well as claims by contractors against the County must be
decided administratively first. The claim by Montgomery
County against its expert construction coordinators
exceeds $20 Million for lost productivity and delay. The
case cements the need for contractors to make proper
claims and defenses in time and in the right venue. The
opinion can be found at
http://www.courts.state.md.us/opinions/coa/2004/15a04.pdf
in its entirety. |
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___________________________
COOVER, BARR &TIEDEMANN, LLC
ATTORNEYS AT LAW
(410) 995-1100 • (301) 621-5090 • (410) 997-7600
Email Us
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CB&T, LLC is the Mid-Atlantic Region's Preeminent Law Firm with
a practice focused on Litigation, Local Government Law,
Government Contract Law, Construction Law, Small
Business/Franchise Law, Transactional Law, Administrative Law,
Commercial Real Estate, Land Use, Zoning, Complex
Divorce/Custody/Family Law and Serious Personal Injuries |
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