Home Table of Contents

§ 9-303. Remedies for payment violations

West's Annotated Code of MarylandReal PropertyEffective: October 1, 2019

West's Annotated Code of Maryland
Real Property (Refs & Annos)
Title 9. Statutory Liens on Real Property (Refs & Annos)
Subtitle 3. Construction Contracts (Refs & Annos)
Effective: October 1, 2019
MD Code, Real Property, § 9-303
§ 9-303. Remedies for payment violations
Currentness
“Undisputed amounts” defined
(a) In this section, “undisputed amounts” includes any retention proceeds that exceed the amount authorized to be retained under § 9-304 of this subtitle.
In general
(b) In addition to any other remedy provided under any other provision of law, a court of competent jurisdiction, for good cause shown may:
(1) Award any equitable relief for prompt payment of undisputed amounts that it considers necessary, including the enjoining of further violations; and
(2) In any action, award to the prevailing party:
(i) Interest from the date the court determines that the amount owed was due; and
(ii) Any reasonable costs incurred.
Award of attorney’s fees for bad faith actions
(c) If a court determines that an owner, contractor, or subcontractor has acted in bad faith by failing to pay any undisputed amounts owed as required under § 9-302 of this subtitle, the court may award to the prevailing party reasonable attorney's fees.

Credits

Added by Acts 1989, c. 553, § 1, eff. July 1, 1989. Amended by Acts 2019, c. 382, § 1, eff. Oct. 1, 2019.
MD Code, Real Property, § 9-303, MD REAL PROP § 9-303
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document