Legal Question in Consumer Law in Maryland

Breach of contract involving new home construction

Under Maryland law, what exactly I'am entitled to seek for a lawsuit involving breach of contract on a new home. House is a TOTAL loss per written evaluation from several building/engineering professionals. Can i attempt to recover replacement cost of house plus any type of ''punitive'' damages? In ''laymen's'' terminology; how much can i get???

Thank you

S. M. Cronan


Asked on 10/10/02, 2:28 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Breach of contract involving new home construction

Punitive damages on a contract claim are not usual. Remedial action lies where contractual performance has not been provided. The contract and warranties therein are the basis of your claim. An action for full replacement of a dwelling is not likely unless you can show material deviation with building code. It appears that you are faced with a situation requiring continual oversight to enforce the contract and local construction zoning. The type of contract and the respective obligations of the various parties has much to do with your avenues of redress. Statutes of limitations may or may not be an issue but notice requiremments will certainly come into play.

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Answered on 10/11/02, 12:34 am
Lawrence Holzman Holzman Law Firm, LLC

Re: Breach of contract involving new home construction

Maryland has very strict codes regarding warranties on new home sales and construction; you should check very carefully to make sure that you comply with all of the notice provisions in the code and in your contract, as well as statutes of limitation for filing suit.

You should absolutely contact an attorney to review your documents and make sure that you properly protect your interest in terms of taking proper actions at the proper times.

If this is your house at stake, this is not the time do be a "do it yourselfer" on the law.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

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Answered on 10/10/02, 5:27 pm


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