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September
04
Vol 3
Issue 1
What's Happening at CB&T
John Barr adds new client in Charles County - a national
leading retailer!
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Chip Coover closes single biggest real estate deal, in
terms of purchase dollars, in the history of Howard County
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Coming soon on our website: "Representative Clients"
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Attention Current Clients: Contact us if you're
interested in linking with our site
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Our Web Site Continues to
Expand. Check it out!
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What's in a Name? |
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Congratulations to Steven Tiedemann, who
became partner in August, 2004. In case you haven't
noticed, the name of our firm has changed. It is now
Coover & Barr, LLC. For more info on our
firm, click here:
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CB&T Wins MDOT-MBE Appeal |
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CB&T is proud to announce victory in a
hard-fought appeal, in the Circuit Court for Howard
County, of a decision of the Maryland Department of
Transportation ("MDOT") to deny our client's application
for MBE status. Our client, which is owned by disabled
veterans was denied MBE status, according to MDOT,
because the firm was too successful. MDOT made that
determination without any contextual information. For
example, MDOT did not consider the number of employees
working for the firm, overhead or experience of other
firms in the same industry. The Circuit Court overturned
MDOT's decision and MDOT is pursuing an appeal with the
Court of Special Appeals. For more info on our firm,
click here:
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Homeowner Loses Federal Copyright
Claim against Builder |
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A federal judge in Greenbelt has denied a
homebuyer's claim to a copyright interest in certain
change orders requested by the buyer. In 1997, the
homeowner asked for his special plans for a master
bedroom to be added to his home. Apparently, the
builder liked the changes so much that they were
implemented in two "new" models. These new models
were built and sold. The homeowner filed for
copyright protection of the changes and lost. The
judge said that the changes were minimal
contributions to the existing design and a copyright
claim could not succeed. Note, however, that it is
clear from the decision that significant homebuilder
improvements could warrant copyright protection.
Therefore, it may be advisable to have a homeowner
waive any copyright interest via written agreement
that is part of the initial sales contract. For
access to the full text of the Court's opinion, go
to:
http://www.mdd.uscourts.gov/opinions152/opinions/watkins081204.pdf
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Texas Yankee Set to Tame Opposition
at CB&T |
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CB&T is pleased to announce the addition
of Richard A. Mlynek, Esquire to our practice. Richard,
formerly of Dehay & Elliston, LLP of Baltimore, joined
us this September. He began his legal career as an
associate with the civil litigation and maritime law
firm of Rouston, Rayzor, Vickery & Williams, LLP in
Houston, Texas. He then became the litigation
co-director of the Law Offices of John Ventura, in
Brownsville, Texas, where he initiated and developed a
tort litigation practice and also worked with bankruptcy
litigation. Originally from Connecticut, Richard and his
family recently moved to Maryland to put down roots. To
learn more about Rich, click here:
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Court Holds Sureties' Feet to 45 Day "Fire" |
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A contractor filed its claim against a payment bond. The
Sureties failed to answer the contractor's claim within
45 days of receiving it, or to make prompt payment (or
promptly arrange for same) as required in paragraph 6 of
the bond. The 45-day term is common in payment bonds.
The Court decided that the Sureties waived their right
to dispute the claim at a later date, or to raise any
such dispute as a defense to a suit for breach of the
terms of the payment bond. Once again, CB&T's advice to
actually read the terms of EVERY bond is applicable. For
access to the full text of the Court's opinion, go to
http://www.courts.state.md.us/opinions/cosa/2004/517s03.pd |
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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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