#contractlaw

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Note: This website is intended to provide general information about legal issues, crop insurance, farm policy, and other risk management issues and should not be construed as providing legal advice. It should not be cited or relied upon as legal authority. For advice about how the issues discussed here might apply to your individual situation, you should consult an attorney.

Welcome to the Maryland Risk Management Education Blog, provided by the University of Maryland Department of Agricultural and Resource Economics and features the work of the Maryland Crop Insurance Education program and the University of Maryland - MPowering the State's Agriculture Law Education Initiative, a University of Maryland Extension Signature Program. This blog provides readers with information on risk management issues important to Maryland agriculture, upcoming events, and new materials that may interest readers.

Force Majeure Clauses: What Are They and Do They Apply in Issues Caused by COVID19?

Paul Goeringer

Apr 10, 2020
6 min

Force Majeure Clauses: What Are They and Do They Apply in Issues Caused by COVID19?

By Paul Goeringer, Elizabeth Thilmany, and Mayhah Suri This is not a substitute for legal advice. See here for the site’s reposting policy. A print-friendly version of this article is available here. 2020 has been a challenging year with the global economic shutdown from COVID-19 leading to disruptions in many industries. Agriculture has had its fair share of disruptions from this global pandemic. Such disruptions have raised questions for many of you about your contracts t

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Developing a Written Contract for Your Custom Operation

Paul Goeringer

Mar 13, 2018
1 min

Developing a Written Contract for Your Custom Operation

The article is not a substitute for legal advice. See here for the site’s reposting policy. I recently wrote an article for Progressive Forage that was published covering reasons to develop a written contract to protect your custom operation. The article covers why you would want to utilize a written contract with a custom operation. At a basic level, written contracts can provide a record of the terms agreed upon with the custom operation. Written contracts can help ensu

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When Farm Debt Goes Bad: Garvick’s Farms, Inc v. Agricultural Commodities, Inc

Paul Goeringer

Jan 5, 2016
4 min

When Farm Debt Goes Bad: Garvick’s Farms, Inc v. Agricultural Commodities, Inc

This post should not be considered legal advice. Happy New Year, everyone! Hope you had a restful and happy holiday season. I want to start off 2016 looking at an issue that is not always an easy topic to discuss: farm debt. USDA projected that farm debt would grow by 6.3 percent in 2015. In periods of declining prices, producers often borrow against equity to cover input costs. But borrowing capital can come with consequences. And what happens if you become unable to pay

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Understanding Contract Remedies: Bear Ranch LLC v. HeartBrand Beef

Paul Goeringer

Oct 21, 2015
4 min

Understanding Contract Remedies: Bear Ranch LLC v. HeartBrand Beef

This post should not be construed as legal advice Above this post is a photo (courtesy of the American Akaushi Association’s website) of Akaushi breed of cattle, a brand indigenous to Japan and utilized to produce Kobe beef. This post represents an odd issue: what if a contract dispute involved a breed of livestock controlled by one company? How does one put market value on those livestock when comparable sales do not exist? That is exactly what a recent U.S. District Cour

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Understanding Maryland’s Mechanic’s Lien Law

Sarah Everhart

Aug 4, 2015
3 min

Understanding Maryland’s Mechanic’s Lien Law

By Sarah Everhart I recently heard an unfortunate story from a Maryland agriculture operator about a subcontractor mechanic’s lien attaching to her farm, and I realized that the mechanic’s lien process is one that every farmer should thoroughly understand. Maryland’s Mechanic’s Lien Law Every non-residential building built, repaired, or improved to the extent of 15% of its value is subject to the establishment of a lien from the contractor, subcontractor, surveyors, and suppl

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Workshops For CSA Operators to Highlight Membership Agreements and Labor Issues

Admin

Feb 3, 2015
2 min

Workshops For CSA Operators to Highlight Membership Agreements and Labor Issues

Press Release Community Supported Farm (CSA) operators or those thinking about starting a CSA are invited to attend a workshop focused on drafting better membership agreements and addressing common labor issues. The workshops are free but registration is required. They will be held: Feb. 26, from 9:30 a.m to 2 p.m., at the Frederick County University of Maryland Extension Office, 330 Montevue Lane in Frederick. Lunch will be provided. To register, call the office at (301) 6

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