In Lumbermens Mutual Casualty v. United States, the Court of Federal Claims entered a substantial judgment in favor of a performance and payment bond surety for impairment of collateral and improper withholding of contract funds. Lumbermens issued Miller Act performance and payment bonds on behalf of its principal, Landmark Construction... Read More »
Dec
19
Aug
18
Published in the Maryland Bar Journal Volume XLIII, Number 4, July/August, 2010. Imagine your client, a United States based engineering company, asking you to draft documents for a joint venture with a Swedish domiciled construction company and a German based fertilizer manufacturer for the construction of a processing plant in Costa... Read More »
May
20
In order to prove a claim of legal malpractice, a plaintiff, no differently than in other cases alleging negligence, must prove the existence of a duty, breach of that duty, and proximately caused damages. These are fundamentally state tort law issues. In legal malpractice cases, the causation element normally requires... Read More »
May
19
A reverse mortgage or Home Equity Conversion Mortgage (HECM) is not new, but it is something that you may have heard much more about recently. It is a mechanism that enables senior homeowners to convert a portion of the equity that they have in their home without having to sell... Read More »
Apr
21
Click HERE to read the Viewpoints article.
Oct
01
Article 49B of the Maryland Code prohibits employment discrimination on the basis of race, color, religion,sex, national oigin, age,disability,marital status,sexual orientation and/or genetic status. Until now, the law has permitted employees in only four Maryland counties(Howard, Montgomery,Prince George’s and Baltimore) to bring a judicial action for violations. (more…)
Sep
01
Trading Warranties (also called Navigation limits) can be found in almost every marine insurance policy. A typical yacht policy navigation warranty states: “This policy provides coverage when the ‘insured yacht’ is being used or navigated within navigation limits specified on the Declarations page. There is no coverage under this policy if the ‘insured... Read More »
Jun
30
While Latin is often referred to as a “dead language” it is still alive and well in the ancient principles of marine insurance. In particular, the doctrine of uberrimae fidei still lives on. When translated, this Latin phrase refers to the duty of “utmost good faith and fair dealing.” This... Read More »
Oct
05
In my Article in the June/July 1999 issue of this Newsletter I discussed the “Special Compensation” that is now available under the Salvage Convention of 1989 (adopted in the U.S. in 1996). “Special Compensation” is available to salvors under circumstances in which there exists a threat of damage to the... Read More »
Oct
05
In many cases salvage operations are a cooperative venture conducted by more than one Salvor. Salvors may work together at the same time or may work consecutively toward their ultimate goal of salving property and minimizing damage to the environment. Co-salvage situations most commonly occur near busy harbors or other... Read More »