When dealing with Maryland state construction contracts, don’t forget to check the Maryland Administrative Procedures Act (APA), Code of Maryland Regulations (COMAR) and Maryland rules Title 7 Chapter 200.
The procedure is complex and time consuming. Contested cases consist of among other things, a hearing before the Office of Administrative Hearings (OAH) before an administrative law judge. The OAH has its own Rules of Procedure. Prehearing motions are allowed. Discovery of documents may be sought, and subpoenas may be issued for the attendance of witnesses and documents at the hearing. A prehearing conference may be obtained to discuss and resolve matters preliminary to the hearing. Parties can be represented by an attorney or appear pro se, but procedural rules must be followed.
In short, these cases require an experienced litigator who can inform an affected party of best practices once a claim is known.
Questions about this topic or any other construction law issue?
Contact John Scaldara at email@example.com or 443.738.1581.
ABOUT JOHN SCALDARA
Mr. Scaldara is past chair of the firm’s Construction and Commercial Claims Practice Group, and a member of the Business Litigation Practice Group. Mr. Scaldara brings to the firm more than 50 years of experience in advising clients on various legal issues regarding commercial litigation, alternative dispute resolution, insurance, and other commercial matters. He is a member of both the Business Litigation Department and the Business Law Department of Offit Kurman.
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