On April 10, 2006, WCS and Metropolitan entered a standard form agreement to complete certain portions of the construction of a 397-unit apartment complex located in Camp Springs, Maryland. (E. 932, 947-1007). The agreement consisted of multiple contract documents including: AIA Document A131 CMc-2003 and AGC Document 556, Standard Form Agreement Between Owner and Construction Manager (E. 947-63); AIA Document A201 – 1997, General Conditions of the Contract for Construction (E.964-1007) (the “General Conditions”); and AIA Document A121 CMc – 2003, Amendment 1 (collectively, the “AIA Contract”) (E. 932). The AIA Contract named Metropolitan as the owner and WCS as the construction manager. (E. 947). Sections 11.4.5 and 11.4.7 of the General …show more content…
. . .
The policies shall provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the property damaged.
(E. 997-98). Additionally, the General Conditions provide:
§ 11.4.3 Loss of use insurance. The Owner at the Owner’s option may purchase and maintain such insurance as will insure the Owner against loss of use of the Owner’s property due to fire or other hazards, however caused. The Owner waives all rights of action against the Contractor for loss of use of the Owner’s property, including consequential losses due to fire or other hazards however caused.
(E. 997) (§§ 11.4.3, 11.4.5, and 11.4.7 of the AIA Contract are referred to collectively as the “Waivers”).
As is all too often the case, a payment dispute accompanied the conclusion of this substantial construction project. In early 2007, Metropolitan refused to pay WCS several million dollars due for the labor and materials furnished to the project. (E. 917). As such, WCS filed a complaint to establish a mechanic’s lien. (Id.). In consideration for WCS’s release of
This is a formal complaint submitted to BHP/DCA against Frank Pinelli, Quantum Developers LLC (Developer) Condominium Association: Cedar Woods Condominium Association (Board) and Jim Polos, Midlantic Property Management.
Further information regarding the alleged improper construction work are set forth in written reports prepared by the Association’s retained consultant Encompass and Structure Tech Home Inspection Private Eye. Further information regarding the settlement are set forth in the mediated settlement agreement and release. For further information regarding remedial construction that is to begin in 2018 that information is set forth in RIC, Inc’s signed construction
Kevin Hirzel of CMDA recently scored an important victory for Michigan condominium associations in Cove Creek Condominium Association v Vistal Land & Home Development, L.L.C., et al., Oakland County Circuit Court Case No. 16-155706-CH (Order Granting Summary Disposition, Dated February 10, 2017). The Oakland County Circuit Court held that the 2016 amendment to MCL 559.167 does not re-create “need not be built” units on common element land that is owned by the co-owners. The ruling will have an impact on any incomplete condominium projects that contain “need not be built” units and also meet one of the following two (2) requirements:
8. On April 1, KO Contractors, Inc. Contracts to build a store for Lo-Cost Jewelry a specific location in Metro City.� On May 1, Metro changes its zoning laws to prohibit the construction of a commercial building at the location. Lo-Cost files a suit aagainst KO. In this situation: the contract is discharged.
It is a mandatory claim-processing rule that may be waived or forfeited. Ibid. This Court and other forums have sometimes overlooked this critical distinction. ("HAMER v. NEIGHBORHOOD HOUSING SERVS. OF CHICAGO").
The appellant, Parkview Queensland Pty Ltd (“Parkview”), is a building contractor who commenced construction of a residential property development under a standard form building contract with Fortia funds Management Ltd (“Fortia”), the developer. Fortia financed the construction under a loan facility with the Bank of Western Australia Ltd (“BankWest”).
In Maryland, insurance policies are generally construed in the same manner as contracts. Collier v. MD-Individual Practice Ass 'n, Inc., 327 Md. 1, 5, 607 A.2d 537 (1992). An insurance contract, like any other contract, is measured by its terms unless a statute, a regulation, or public policy is violated thereby. Pac. Indem. Co. v. Interstate Fire & Cas. Co., 302 Md. 383, 388, 488 A.2d 486 (1985). We do not follow the rule, adopted in other jurisdictions, that an insurance policy is to be construed most strongly against the insurer. Collier, 327 Md. at 5; Cheney, 315 Md. at 766. We construe the instrument as a whole in order to determine the parties’ intent. Pac. Indem., 302 Md. at 388; Collier, 327 Md. at 5; Aragona v. St. Paul Fire & Marine Ins. Co., 281 Md. 371, 375, 378 A.2d 1346 (1977). In order to determine the intention of the parties, “Maryland courts should examine the character of the contract, its purpose, and the facts and circumstances of the parties at the time of execution.” Pac. Indem., 302 Md. at 388 (citations omitted). In doing so, we give the words their usual, ordinary, and accepted meanings. Id.; Mut. Fire Ins. Co. v. Ackerman, 162 Md. App. 1, 5, 872 A.2d 110 (2005) (citing Nationwide Mut. Ins. Co. v. Scherr, 101 Md. App. 690, 695, 647 A.2d 1297 (1994)). The test is what meaning a reasonably prudent layperson would attach to the term. Pac. Indem., 302 Md. at 388.
I, (“Unit Three Owner”), and I, _____, (“Unit Two Onwer”), both with an interests in 650 Huron Ave Condominium enter into this agreement. In consideration of the mutual agreements set forth below, and for other good and valuable consideration, the adequacy and sufficiency of which the Parties acknowledge, and intending to be legally bound, the Parties agree as follows:
In the Final Paper (Case Study) it speaks to the following case and circumstances. Knarles and Barkley are father and son respectively. Barkley is seventeen years old. They operate a facilities maintenance company that regularly does business in the District of Columbia, Maryland and Virginia. The company is based in Maryland. They have a number of contracts with building owners where they have agreed to provide building maintenance to both residential and commercial buildings within the three jurisdictions already mentioned. They receive a monthly payment of $2,000 to $4,000 depending upon the size of the building. They bill the owners for any equipment of a substantial nature that has to be replaced.
Issue: Primarily, did the letter of intent specify the formation of a valid and enforceable contract? And was the Maryland Realtors Contract enforceable and what would a reasonably prudent person, understand from the meaning of the agreement?
The Tecumseh condominium complex is a waterfront condominium complex located at 312 Severn Avenue, Annapolis, Maryland. (Compl. ¶ 1). On September 1, 2016, Plaintiff, Doreen Byrne (“Byrne”) was a tenant in a condominium unit rented to her by Defendant, Tecumseh Condo, LLC (“Tecumseh”). (Compl. ¶¶ 3, 15, 23). On February 13, 2017, Plaintiff, Doreen Byrne (“Byrne”) filed a four-count complaint in this Court. (Compl.) Notably, only one count—a claim for
The Construction Manager shall maintain, and require all of its professional consultants and subcontractors performing services in connection with this Agreement, to maintain insurance for the duration of the Project in such amounts and types as required below and in Article 11 of this Agreement. The insurance required shall be obtained from a company(ies) licensed to do
In further support of its position that the 2007 agreement constitutes a substitute contract, National Surety cites the integration clause contained therein which provides: “[t]he Parties do hereby acknowledge and agree that this Agreement constitutes their entire understanding with respect to the matters herein set forth.” (E. 890; Appellant’s Brief at p. 10) This argument is easily dispensed with because the scope of the integration clause is limited “with respect to the matters herein set forth.” In this case, the “matters herein set forth” relate only to the payment dispute that arose toward the completion of the project.
rule 101 interpret thta indemnification agreements remove a major stimulus to objective and unbiased consideration of problem encountered in an egagement.
Furthermore, before the contract is terminated, I will schedule a meeting with Bear’s Construction Company and the Contract Manager to clarify any confusion regarding the agreed upon terms of the contract (A guide to the project managment body of knowledge (PMBOK guide), 2013). Any contract disputes should be resolved in an inexpensive, expeditious, and less formal manner, before disputes lead to any possible litigation. Ideally, there is a clause in this contract that makes arbitration the mandatory means of resolving any disputes concerning miscommunication and/or misinterpretation of any requirements (Garrett, 2010).