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Session Laws, 1976
Volume 734, Page 943   View pdf image
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MARVIN MANDEL, Governor                                    943

(E) IF NOTICE CANNOT BE GIVEN ON ACCOUNT OF

ABSENCE OR OTHER CAUSES, THE SUBCONTRACTOR, OR HIS AGENT,

IN THE PRESENCE OF A COMPETENT WITNESS AND WITHIN 90

DAYS, MAY PLACE THE NOTICE ON THE DOOR OR OTHER FRONT

PART OF THE BUILDING. NOTICE BY POSTING ACCORDING TO

THIS SUBSECTION IS SUFFICIENT IN ALL CASES WHERE THE

OWNER OF THE PROPERTY HAS DIED AND HIS SUCCESSORS IN

TITLE DO NOT APPEAR ON THE PUBLIC RECORDS OF THE COUNTY.

[[(E)]] (F) ON RECEIPT OF NOTICE GIVEN UNDER
THIS SECTION, THE OWNER MAY WITHHOLD, FROM SUMS DUE THE
CONTRACTOR, THE AMOUNT THE OWNER ASCERTAINS TO BE DUE THE

SUBCONTRACTOR GIVING THE NOTICE. IF THE SUBCONTRACTOR

GIVING NOTICE ESTABLISHES A LIEN IN ACCORDANCE WITH THIS

SUBTITLE, THE CONTRACTOR SHALL RECEIVE ONLY THE

DIFFERENCE__BETWEEN THE AMOUNT DUE HIM AND THAT DUE THE

SUBCONTRACTOR GIVING THE NOTICE.

[[9-105.

(A)    IN ORDER TO ESTABLISH A LIEN UNDER THIS
SUBTITLE, A PERSON ENTITLED TO A LIEN SHALL FILE AN
AFFIDAVIT OF CLAIM IN THE CIRCUIT COURT FOR THE COUNTY
WHERE THE LAND, OR ANY PART OF THE LAND, IS LOCATED,
WITHIN 180 DAYS AFTER THE WORK WAS DONE OR THE MATERIAL
FURNISHED.

(B)    EVERY AFFIDAVIT OF CLAIM SHALL SET FORTH:

(1)    THE NAME AND ADDRESS OF THE CLAIMANT;

(2)    THE NAME AND ADDRESS OF THE OWNER;

(3)    THE DATE OF THE CONTRACT OR SUBCONTRACT
AND THE DATE OF ALL AMENDMENTS;

(4)    THE TOTAL AMOUNT OF THE CONTRACT, THE
TOTAL AMOUNT EARNED AND THE AMOUNT CLAIMED TO BE DUE BUT
UNPAID LESS ANY SETOFF OR COUNTERCLAIM RECOGNIZED BY THE
CLAIMANT;

(5)    A DESCRIPTION OF THE WORK DONE OR
MATERIALS FURNISHED AND THE TIME WHEN DONE OR FURNISHED;

(6)    A DESCRIPTION OF THE LAND AND A
STATEMENT WHETHER PART OF THE LAND IS LOCATED IN ANOTHER
COUNTY;

(7)     A BRIEF DESCRIPTION OF EACH BUILDING;

(8)    IF ANY CLAIM IS FILED AGAINST TWO OR
MORE BUILDINGS OWNED BY THE SAME PERSON, A DESIGNATION OF
THE AMOUNT THAT THE CLAIMANT CLAIMS IS DUE ON EACH
BUILDING;

(9)    IF THE CLAIMANT IS A SUBCONTRACTOR:

(I) THE NAME AND ADDRESS OF THE

 

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Session Laws, 1976
Volume 734, Page 943   View pdf image
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