Home built in 2013 by Richmond American Homes. Lots of issues during construction. A major one: improperly installed tile floor in the kitchen: tiles started moving and cracking during first year. The builder tried multiple fixes, then completely ...
There are express and implied warranties in contracts, as well as statutory warranties. Express warranties are usually written or clearly stated like a promise when an oral contract is formed.
In Maryland there is a general two year statute of limitations on breach of express warranty claims. MD Code, Real Property, § 10-204. The statute of limitations begins running when the injury and its general cause are discovered or should have been discovered or within two years of the expiration of the warranty, whichever occurs first.
Implied warranties are unwritten and are those warranties courts have imposed on all contracts regardless of whether they are written or not—hence the “implied” nature of them. In the construction context, the obligation to use ordinary skill and care in constructing a house or performing other work is implied by law independent of any contract. Under the common law of Maryland, except in unusual circumstances, there is no implied warranty in the sale of a completed residence. However, Maryland Real Property Article § 10-203 provides a cause of action for the breach of implied warranties in the sales of newly constructed homes. § 10-203(a) provides that “in every sale, warranties are implied that, at the time of the delivery of the deed to a completed improvement or at the time of completion of an improvement not completed when the deed is delivered, the improvement is: (1) Free from faulty materials; (2) Constructed according to sound engineering standards; (3) Constructed in a workmanlike manner; and (4) Fit for habitation.”
The installation of the tile may qualify for a further statutory warranty as a transaction of goods (the installed tile). Under Maryland’s adaptation of the Uniform Commercial Code (UCC) there is a general four year statute of limitations for breach of contract claims in contracts for transactions in goods. Commercial Law Article § 2-725 provides that an action for breach of any contract for sale must be commenced within four years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than one year but may not extend it. Under this section of the UCC, a cause of action accrues when the breach occurs, regardless of the aggrieved party's lack of knowledge of the breach.
Finally, under Maryland’s New Home Warranty Act, new homes sold with a warranty are required to warrant: (1) For one year, the new home is free from any defects in materials or workmanship. (2) For two years, the new home is free from any defect in the electrical, plumbing, heating, cooling, and ventilating systems; and (3) For five years, the new home is free from any structural defect. MD Code, Real Property, § 10-604.
You should meet with a lawyer as soon as possible, as you are at or approaching the outer limit of most of your warranty claims. If the tile cracking is caused by a structural defect, of the sort that is allowing an unacceptable amount of shift, movement, “bounce” or flexing of the walls and floors over which tile has been affixed, then the 5 year new home warranty requirement for structural defects may cover this. However, rest assured that the builder and its warranty company will not find that to be the case. You will need a structural engineer or other qualified professional to inspect the home for these defects. Sometimes builders cut corners and try to get away with fewer materials, expanding the width between floor joists to use fewer beams, which means the floor experiences more flexing and bounce as people walk on it, causing tile adhesive and grout to crack; or worse, the structural support framing for the walls allow for too much lateral movement. Otherwise, in the absence of structural issues, you will need a qualified tile expert to inspect and explain why this tile and adhesive are coming apart from the floor and walls.See question
A loved one is facing a felony charge. He was charged in February 2017 and his trial date is set for May 31st 2017. It was stated by another lawyer that since the case is already pending indictment the attorney general will not prosecute the case.
It may mean that the same facts underlying the existing felony on which your loved one was at first arrested are also the subject of a grand jury investigation on whether to return an indictment on that felony and possibly additional and more serous charges. If an when that new indictment is returned, the existing felony prosecution will be discontinued and your loved one will be served and prosecuted on the indicted charges and a new trial date will be scheduled. Alternatively, there may be a simultaneous grand jury investigation on a completely different crime which is much more serious than the current felony case, and rather than waste resources on the lesser felony, the AG's Office will decline to continue prosecuting it and let US Attorney's Office prosecute the more serious crimes. I would imagine your loved one has a Public Defender or a private lawyer, and that is the person who would be in a position to know the answer to your question.See question
If not 18 USC 1832 would I be guilty of anything else?
I doubt interview questions qualify as a trade secret, unless the nature of the questions are so unique and probing in relation to the very particular interviewees involved that the company that developed the questions stands alone in its interviewing model in selecting the best employees. But that seems ridiculous.
Are questions property that can be "stolen"? Or are they mere words and sentences with no intrinsic value? Probably the latter. Are these questions part of a packaged product, that is marketed and sold to others who purchase them in order to conduct interviews, and are not otherwise publicly available unless purchased? Then, theft of these specialized questions packaged as a product for sale would qualify as something which has a value and is capable of being stolen, the theft of which causes economic hard to the owner.
Otherwise, if you're at work and find a list of questions on your employer's computer and decide to print them out for future use or to give to others, but the questions are not themselves part of a product sold by your employer or otherwise utilized as the basis of their business (e.g., they are a head hunting business with a proprietary system for screening applicants and those questions form an integral part of that business model) then I do not see a theft relating to the questions.
If you accessed a secure database to obtain the questions without authorization, that may be a crime. If you used printer paper that did not belong to you to print out the questions, or took a pre-printed set of questions without right to them, then you may be guilty of theft of the paper the words were printed upon.
the factual basis of your question is really to limited to answer all the possibilities. Seems like a stretch to make use of mere questions a basis for a crime. I also cannot understand why you categorized this question as a sex crime, as there is nothing in your post relating to such a category.See question
I collided with an unoccupied vehicle and was asked to perform a field sobriety test. When I set my camera up to tape my test I was seized and arrested. My hair was grabbed and my head was hit on the police vehicle as I was placed into the car. ...
Really, there is no factual basis provided in your post to give an opinion about any defense. I am sorry to hear of your rough handling by the police, but not shocked--unfortunately, it happens, and it's wrong. You do not state what, if anything, you were charged with, how or why you collided with an unoccupied car, and on what basis the officer suspected you were driving under the influence. DO NOT answer by providing more details on this public forum--you should only discuss the facts in private with a defense lawyer. The defense you have will depend on the details of what happened.See question
HE CLAIMED I HIT HIM. I NEVER DID. My mother is my witness it never happened. Is she a creditable witness for me? I don't have any type of record not even traffic ticket. She and stepfather are still together. he asked state to drop charges ...
The Baltimore State's Attorney's Office prosecutes these domestic violence offenses all the time and will usually insist on going forward; however, a lawyer can sometime convince the prosecutor to do something else or drop the charges entirely. Obviously, you can defend the case by going to trial. The facts of every case are different, and the prosecutor will weigh the strength of the case and their willingness to go forward or back off accordingly. There is no substitute to hiring counsel and thoroughly going over the facts of your case. If you need your mother to testify then she will need to be available at the trial date. Whether that becomes necessary depends on the discussions between your lawyer and the prosecutor. i would think based on your brief description that you would either try the case to a not guilty finding (hopefully), or your lawyer convinces the prosecutor to not go forward. The decision to not go forward often involves back and forth negotiations about either an outright dismissal or placing the case on the "stet" (inactive) docket for a period of time, then having it dismissed so long as you do not have another assault incident with the stepfather (or, as the prosecutors often argue for, having you complete an anger management or domestic abuse program). After its been on the stet docket the agreed time frame and any conditions met, the case will be dismissed and you can expunge the public record. this would not involve ever admitting guilt. Based on your statement that you didn't hit him, however, and that your mother is a witness to whatever date and time your stepfather alleges you hit him, then I would think you would not agree to any conditions on the stet, and if you are going to continue to have contact with him (I assume you will) then I would be concerned about further false accusations that would cause a violation of any stet arrangement. This may be a case you either demand a dismissal or go to trial. DO NOT accept a plea offer on these facts, assuming they are supported. A pbj is a last resort in my opinion, after a trial and guilty verdict. the prosecutor cannot "offer" a pbj, that is up to a judge at sentencing if you are found guilty.See question
A k2 smoker was trying to take his money on the bus and he gashed the guy arm twice
How much time served, the full 8 months? They'll release him as soon as they can process him back out, later today I'm guessing. Otherwise, the credit for time served will be deducted from the 8 months, less any good time credits and early release/halfway house options he is eligible for.See question
I have a 16yo that is physically abusive to me. I've had several black eyes and a range of other physical trauma. When the police come they take pics of the physical damage done to me but tell me that I can't press charges and she can't be taken a...
Start with a telephone call to the Montgomery County Department of Health and Human Services and inquire about a Voluntary Placement Petition regarding your child. Their phone number is 240-777-1266.
If they say that your factual scenario is inappropriate for voluntary placement, then call the Maryland Department of Juvenile Justice and ask about a Peace Order Petition and a Detention Petition. The phone number for the Rockville Office is: 301-610-8500.
You can also read up some more about these departments here:
I filed for an appeal with Maryland Court of Special Appeals and the Appellee filed their response. I didn't submit a reply brief then. The court determined that both submissions had format error and asked both parties to refile. Now both parties ...
Because the first-filed appellee's brief was rejected and ordered to be corrected and refiled, you go by the later date and file your reply brief within the permitted time counting from when the corrected brief of the appellee was docketed.See question
I broke up my girlfriend and her baby father fight..he told the police I hit him in his face and split his lip
The best defense? An iron clad alibi you were not present when he claims it happened, or security camera video of the entire incident showing it never happened. After that, proof that his split lip resulted from some other incident not involving you, then maybe self-defense. You provide no facts to support any of those defenses, nor should you. You should stop posting on this public forum where anything you say can be used against you, and locate a criminal defense lawyer with whom you can discuss your case under the protection of attorney-client privilege.See question
I was involved in a collision with the barrier on the interstate in Maryland. There are no available witness, and the statements I made to the police officer were that I was going at or near the speed limit and my rear wheels must have hit a sli...
Yes, that's what the section is limited to, but in addition, the general violation to control speed to that which is normal and prudent under subsection (a) would require more evidence than your statement to meet the burden of proof from an officer who did not see the speed of your vehicle and the road conditions at the time of the incident. Therefore, you should request a trial and consider hiring counsel, because any collision (even with a guard rail) carries 3 points. However, the judge shouldn't consider that subsection since you were not charged with it, but you may have to argue that issue as well as argue the letter and language of subsection (b). Whether you feel confident enough to do this on your own is up to you, but your chances are certainly better with a lawyer.See question