Legal Question in Business Law in Maryland

Re: Payment for Construction work

You should be able to sue the broker. You may also be able to sue the owner, since the broker was likely acting as the owner's agent. If the owner was HUD, you may have other issues to deal with. We handle this type of case -- if you give me a call I may be able to help.

Daniel Press

Chung & Press, P.C.

6723 Whittier Ave., Suite 302

Re: Non-payment for services rendered

It sounds as if this is a public project. There are no lien rights in such event but you do have the right to file a claim against the bond provided you are still within the applicable time period. However, if it has been a year since services were last performed too much time has passed absent any specific provision in the bond to the contrary.

It also sounds as if your husband's contract was with the broker and not necessarily the property owner (unless of course the broker was an authorized agent for the property owner). If the broker is an authorized agent for the property owner you can prosecute a claim against the owner under a contract theory. If the broker is not an authorized agent for the property owner you can still prosecute a claim under an equitable theory such as unjust enrichment. Certainly if the broker is willing to assist you his testimony can only help.

I hope the foregoing was informative and at the very least addressed some of the issues for you. Good luck.

Jon Gottlieb

Ashenden, Flynn & Gottlieb, P.A.

3340 Peachtree Road, N.E., Suite 2550

Re: outstanding construction invoice

Your husband has a valid claim against the party with whom he contracted to do the work for which he hasn't been paid, and also against the owner of the property, if different. For the amount of money he is owed, he can file a suit in the District Court of Maryland, although if the federal government is a party, the case could wind up in a federal court.

Before beginning this process, however, why not submit duplicate paperwork to the broker or get him to resubmit the claim to the real estate company? This might result in a quicker payment then if you have to go through the court process. I'm assuming there's no dispute as to the work being completed and the amount due.

If you would like assistance with this problem, you can telephone me at (301) 986-4555 for an appointment.

Robert Sher

Wagshal and Sher

5530 Wisconsin Ave-Suite 1200