Legal Question in Constitutional Law in Maryland

2 Party Telephone Recordings/Maryland & Tortious Acts

I had a basement waterproofing job done 1.5 years ago. The job was botched and I knew the repair would fail. The Contractor refused to re-do the work correctly, citing a lifetime warranty for their work. Before I put the walls back up, he agreed to sign an addendum to his warranty stating he (his company) would be responsible for any additional costs (sheetrock, trim, paint, insulation etc.) associated with repairing failures (leaks, floor cracks). The floor now leaks worse than it had before the repairs, and the contractor has - after much arguing - replaced almost half of work to my specifications. The company each time threatens to ''cancel the warranty'' and they've challenged me to sue them numerous times because ''we never lose''. The 7th area to leak water showed up, and the Contractor has refusad to do what needs to be done to correct the situation, which would include enacting the addendum he signed. The home and contractor are in Maryland. I feel that this is going to end up in court. I wish to record the next phone conversation w/ the owner w/ his consent. Maryland is ''all party'' state, except for criminal or tortious circumstances. Would recording be illegal under Md law due to the lawsuit potential?


Asked on 10/29/07, 5:04 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

Re: 2 Party Telephone Recordings/Maryland & Tortious Acts

The recording would be illegal unless all parties to the call consent.

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Answered on 10/29/07, 5:12 pm


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