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§ 9-113. Waiver provisions barred from executory contracts

West's Annotated Code of MarylandReal Property

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 9. Statutory Liens on Real Property (Refs & Annos)
Subtitle 1. Mechanics' Liens (Refs & Annos)
MD Code, Real Property, § 9-113
§ 9-113. Waiver provisions barred from executory contracts
Right to mechanics’ liens or contractor’s bonds
(a) An executory contract between a contractor and any subcontractor that is related to construction, alteration, or repair of a building, structure, or improvement may not waive or require the subcontractor to waive the right to:
(1) Claim a mechanics' lien; or
(2) Sue on a contractor's bond.
Payments to subcontractor conditioned on payments by owner or third party
(b) A provision in an executory contract between a contractor and a subcontractor that is related to construction, alteration, or repair of a building, structure, or improvement and that conditions payment to the subcontractor on receipt by the contractor of payment from the owner or any other third party may not abrogate or waive the right of the subcontractor to:
(1) Claim a mechanics' lien; or
(2) Sue on a contractor's bond.
Provisions made in violation of section void
(c) Any provision of a contract made in violation of this section is void as against the public policy of this State.

Credits

Added by Acts 1981, c. 756, § 1, eff. July 1, 1981. Amended by Acts 1994, c. 626, § 1, eff. Oct. 1, 1994; Acts 1995, c. 3, § 1, eff. March 7, 1995.
MD Code, Real Property, § 9-113, MD REAL PROP § 9-113
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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