§ 17-108. Suits on payment security
West's Annotated Code of MarylandState Finance and Procurement
MD Code, State Finance and Procurement, § 17-108
§ 17-108. Suits on payment security
(a) Subject to subsection (b) of this section, a supplier may sue on payment security if the supplier:
(b)(1) A supplier who has a direct contractual relationship with a subcontractor or sub-subcontractor of a contractor who has provided payment security but no contractual relationship with the contractor may sue on the security if the supplier gives written notice to the contractor within 90 days after the labor or materials for which the claim is made were last supplied in prosecution of work covered by the security.
(c)(1) On request by a person who submits an affidavit verifying that the person has supplied labor or materials but has not been paid or is being sued under this section, the Comptroller or the officer in charge of the office where the payment security or evidence of security is required to be filed shall issue:
(d)(1) An executory contract between a supplier and a contractor or subcontractor that is related to a construction contract may not waive or require the supplier to waive the right to sue on payment security under this section.
(2) A provision in an executory contract between a supplier and a contractor or subcontractor that is related to a construction contract and that conditions payment to the supplier on receipt of payment by the person from a public body or other third party, may not abrogate or waive the right of the supplier to sue on payment security under this subtitle.
Credits
Added by Acts 1988, c. 48, § 2, eff. Oct. 1, 1988. Amended by Acts 2000, c. 655, § 1, eff. Oct. 1, 2000.
MD Code, State Finance and Procurement, § 17-108, MD STATE FIN & PROC § 17-108
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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