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MARYLAND HOME IMPROVEMENT TEST
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What is all risk builder's insurance? is a form of property insurance that covers owners and builders for buildings under construction. This insurance typically covers machinery, equipment, materials, supplies, fixtures that are part of the structure or will become part of the structure. Additional coverage can be added for temp structures like scaffold. In general, major construction defects ,such as poor workmanship ad faulty design are not covered. What is Libility Insurance design to protect against 3rd party claims that arise from alleged negligence resulting in bodily injury or property damage.
What are rcord keeping requirements under FLSA? The FLSA requires employees to keep records on wages, hours, and other items as specified in Dept of Labor record keeping regulation What are the employer eligibility provisions of the Immigration and Nationality Act? The employer eligibility provisions of the Immigration and Nationality Act require employers to verify employee eligibility of all individuals hired. Form I-9 must be kept on file for at least 3 years from the date of hire or 1 year after employment ends, whichever is later What are acceptable documents for I US passport certificate of US citizenship certificate of naturalization permanent resident card unexpired foreign passport with stamp
An employer may not terminate employment due to discriminatory reasons, for taking time off to serve on a jury, for reporting health or safety violations What is a lien Mechanic's or materialmen's lien "cloud" the title to real property and it can be an effective method for securing payment for labor or materials. Who is entitled to a Mechanics lien? States designate lien rights for contractors, subcontractors or material suppliers who provide labor or furnish material for construction, repairs or improvements of any building machine, wharf or bridge. Amount subject to a lien Lien may be established up to 15% of the building's value regardless of the amount contracted for labor and materials. Additionally, if work is done on an existing building does not increase the value of the property by 15%, then MD will not
permit establishment of the mechanics lien. This does not apply to newly constructed building. Whats the deadline to file a lien? No later than 180 days after last furnishing labor or materials Notice to Owner by Sbcontractor A subcontractor doing work or furnishing materials or both for or about a building other than a single family dwelling being erected on the owners land for his own residence is not entitled to a lien under this subtitle unless, within 120 days after doing work or furnishing the materials, the subcontractor gives written notice of an intention to claim a lien substantially in the form specified in subsection (b) of this section (See page 4-5) How to deliver a lien Mail or personal delivery
safety shoes/boots protective eye wear gloves fall protection hearing protection respirators protective coveralls face shields What is the requirement for EMERGENCY ACTION PLAN If you have more than 10 employees, your plan must be in writing. if you have fewer than 10 you may communicate the plan orally to employees What does Emergency Action plan include Reporting fire or other emergency Emergency evacuation Employees who remain for critical operations before evacuations
Accounting for all employees after evacuation Employees performing rescue and medical duties ** The plan should also include the name and job title of the plan administrator OSHA Record keeping requirements Every employer covered by OSHA who has more than 10 employees, except for employers in certain low hazard industries in the retail, finance, insurance, real estate and service sectors, must maintain 3 types of OSHA records:
**- OSHA 300
- OSHA 300A
- OSHA 30 1** Reporting fatalities and hospitalizations **When a work related fatality or incident that requies hospitalization of 3 or more employees occur:
- Employers must orally report the fatality or incident to the nearest OSHA Area Office within 8 hrs**
**- Using non rigid means of support such as elastic bands, wraps,
- Using temporary immobilization devices while transporting accident victim
- Using eye patches
- drilling of a fingernail or toenail to relieve pressure
- removing foreign objects from eyes
- removing splinters by using tweeter, cotton swabs, or other simple means
- Using finger guard
- Using massages, physical therapy or chiropractic treatments
- Drinking fluids to relieve heat stress** What is MSDS Material Safety Data Sheet and are a OSHA requirement of Hazard Communication Standard What is MSDS For at jobsites
Employers must keep MSDS on hand for all chemicals used in the workplace. The MSDS provides emergency information in case of contact with the chemical internally or externally. The compliance officer will confirm that all MSDS are at the jobsite Employee rights - Retaliation Retaliation is prohibited! Private sector employees who exercise their right under OSHA can be protected against employer reprisal. Employees must notify OSHA within 30 days of the time they learn of the alleged discriminatory action. OSHA penalties See pages 5- 9 Failur to abate prior violation - Civil penalty of up tp $7000 for each day
What are several Evironmental Laws that may affect your construction activities? The Clean water act Clean Air Act Endangered species act (ESA) National Environmental Policy Act (NEPA) National Historic Preservation Act (NHPA) What is the required notification under Lead PRE Under Lead PRE, federal law requires that contractors provide lead info to residents before renovating pre- 1978 housing. The EPA publishes a pamphlet titled Protect your family from lea din your home, which must be distributed to the owner and occupants before starting work. Confirmation of receipt of the lead pamphlet or a certificate of mailing must be kept for 3 years Sole proprietors and taxes Your net income from the business is reported as ordinary income. Sole proprietors do not pay corporate income taxes
What are disadvantages of Sole proprietorship Unlimited personal liability less available capital Possible difficulty getting long term financing dissolution of business in the even of owners death MHIC does not transfer What are advantages of solo propriertorship Minimal legal restriction simple ownership form low startup costs sole ownership of profits freedom in decision making process What is a partnership?
- Do the partners want to grow and operate a company long term?
- To the partners want to grow a short term company to sell?
- How will the profits be distributed?
- Do the partners agree on the nature of the business, including types of jobs the business will accept? C Corps Ownership of corp by stockholders and a corporation is considered its own legal entity. The corporation is responsibly for all assets and debts and not the stockholders. Key Characteristics of C Corp
- Existence - A corporation lasts as long as stockholders determine it should
- Financial Management - Separate bank account and separate records
- Liability - The owners of corp are not personally liable for losses of the business. The corporate entity is responsible for business debt
- Taxes - The corp must file income tax returns and pay taxes on the profits What are stockholders? Owners of the corporation What re other requirements of a corporation
- Board of directors and corporate officers
- Stockholders as owners of the co
- periodic board meetings
- a board empowered to authorize certain actions Advantages of C Corp
- Separate legal entity
- Limited liability for stock holders
- Unlimited life of business
- Availability of capital resources
Hybrid arrangement that shares characteristics of bot sole proprietorship and corporate entities. LLCs must consist of at least one member. Advantages of LLC
- Limited disclosure of owners
- limited documentation
- No advance IRS filings
- No public disclosure finances
- Limited liability for managers and members
- Ability to delegate management to a non member Tax implications of LLC
- LLC with one owner is taxes as a sole proprietorship
- LLC with more than one member may elect to be taxed as a partnership or corporate entity foreign Limited Liability Companies
is an LLC registration form with the Dept of Assessment and Taxation, charter division to conduct business in MD What is a joint venture special business arrangement that exists when 2 or more companies join to undertake a specific project Naming a business importance Selecting a name is important part of forming your business. The name affects your customers first impressions. The individuality of the name affects future trademarks and service marks. How do you register a trade name Must be registered with the state department of assessment and taxation, charter division by submitting a trade name application and $25 fee. Expedited service is available
