HARRY HUGHES, Governor

2521

(1) THE OWNER FAILS TO MAKE PAYMENT TO THE
CONTRACTOR; AND

(2) WITHIN 90 days after doing the work or
furnishing the materials, [he] THE SUBCONTRACTOR gives

written notice of his intention to claim a lien

substantially in the form specified in subsection (b) of
this section.

(A) (1) A SUBCONTRACTOR DOING WORK OR FURNISHING

MATERIALS OR BOTH FOR OR ABOUT A BUILDING OTHER THAN A

SINGLE FAMILY DWELLING BEING ERECTED ON THE OWNER'S LAND FOR
HIS OWN RESIDENCE IS NOT ENTITLED TO A LIEN UNDER THIS
SUBTITLE. UNLESS, WITHIN 90 DAYS AFTER DOING THE 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.

(2) A SUBCONTRACTOR DOING WORK OR FURNISHING
MATERIALS OR BOTH FOR OR ABOUT A SINGLE FAMILY DWELLING

BEING ERECTED ON THE OWNER'S LAND FOR HIS OWN RESIDENCE IS

NOT ENTITLED TO A LIEN UNDER THIS SUBTITLE UNLESS, WITHIN 90
DAYS AFTER DOING WORK OR FURNISHING MATERIALS FOR OR ABOUT
THAT SINGLE FAMILY DWELLING, THE SUBCONTRACTOR GIVES WRITTEN
NOTICE OF AN INTENTION TO CLAIM A LIEN IN ACCORDANCE WITH
SUBSECTION (A)(1) OF THIS SECTION AND THE OWNER HAS NOT MADE
FULL PAYMENT TO THE CONTRACTOR PRIOR TO RECEIVING THE
NOTICE.

(f) (1) 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.

(2)  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.

(3) THE SUBCONTRACTOR MAY NOT ESTABLISH A LIEN
TO OBTAIN PAYMENT FROM THE OWNER FOR WORK PERFORMED IF THE
OWNER RENDERS PAYMENT FOR THAT WORK TO THE CONTRACTOR.

(3) NOTWITHSTANDING ANY OTHER PROVISION OF THIS
SECTION TO THE CONTRARY, THE LIEN OF THE SUBCONTRACTOR
AGAINST A SINGLE FAMILY DWELLING BEING ERECTED ON THE LAND
OF THE OWNER FOR HIS OWN RESIDENCE SHALL NOT EXCEED THE
AMOUNT BY WHICH THE OWNER IS INDEBTED UNDER THE CONTRACT AT
THE TIME THE NOTICE IS GIVEN.

9-114.

(A) AT THE TIME OF SETTLEMENT OR PAYMENT IN FULL
BETWEEN A CONTRACTOR AND AN OWNER, THE CONTRACTOR SHALL GIVE