WILLIAM DONALD SCHAEFER, Governor                    Ch. 345

(A) ANY MONIES MONEYS PAID UNDER A CONTRACT BY AN OWNER TO
A CONTRACTOR, OR BY THE OWNER OR CONTRACTOR TO A SUBCONTRACTOR
FOR WORK DONE OR MATERIALS FURNISHED, OR BOTH, FOR OR ABOUT A
BUILDING BY ANY SUBCONTRACTOR, SHALL BE CONSIDERED TO BE HELD IN
TRUST BY THE CONTRACTOR OR SUBCONTRACTOR, AS TRUSTEE, FOR THE
BENEFIT OF THOSE SUBCONTRACTORS WHO DID WORK OR FURNISHED
MATERIALS, OR BOTH, FOR OR ABOUT THE BUILDING, FOR PURPOSES OF
PAYING THOSE SUBCONTRACTORS.

( B ) NOTHING IN §§ 9-115 THROUGH 9-118

(I) NOTHING CONTAINED IN THIS SUBTITLE SHALL BE
CONSTRUED AS REQUIRING MONEYS CONSIDERED TO BE HELD IN TRUST BY A
CONTRACTOR OR SUBCONTRACTOR UNDER SUBSECTION (A) OF THIS SECTION
TO BE PLACED IN A SEPARATE ACCOUNT.

(2) IF A CONTRACTOR OR SUBCONTRACTOR COMMINGLES SUCH
MONEYS HELD IN TRUST UNDER THIS SECTION WITH OTHER MONEYS, THE
MERE COMMINGLING OF THE MONEYS DOES NOT CONSTITUTE A VIOLATION OF
§§ 9-115 THROUGH 9-118 THIS SUBTITLE.

9-116. 9-202.

(A) ANY CONTRACTOR OR SUBCONTRACTOR, AND ANY OFFICER,
DIRECTOR, or employee of SUCH ANY CONTRACTOR OR SUBCONTRACTOR,
WHO, WITH INTENT TO DEFRAUD, SHALL RETAIN OR USE RETAINS OR USES
THE MONIES MONEYS HELD IN TRUST UNDER § 9-115 9-201 OF THIS
SUBTITLE, OR ANY PART THEREOF, FOR ANY PURPOSE OTHER THAN TO PAY
THOSE SUBCONTRACTORS FOR WHOM THE MONIES MONEYS ARE HELD IN
TRUST, SHALL BE GUILTY OF LARCENY PERSONALLY LIABLE TO ANY PERSON
DAMAGED BY THE ACTION.

(B) IF ANY PERSON PROSECUTED UNDER § 9-116(A) IS CONVICTED
OF LARCENY, HE SHALL BE PUNISHED BY A FINE OF NOT MORE THAN
$5,000 DOLLARS AND BY NOT MORE THAN ONE YEAR IMPRISONMENT.

9-117. 9-203.

THE USE BY A CONTRACTOR OR SUBCONTRACTOR OR ANY OFFICER,
DIRECTOR, or employee of SUCH A CONTRACTOR OR SUBCONTRACTOR OF
ANY MONIES MONEYS OF THE TRUST AS ESTABLISHED CONSIDERED TO BE
HELD IN TRUST UNDER § 9-115 § 9-201 OF THIS SUBTITLE, FOR ANY
OTHER PURPOSE THAN TO PAY THOSE SUBCONTRACTORS WHO DID WORK OR
FURNISHED MATERIALS, OR BOTH, FOR OR ABOUT THE BUILDING, SHALL BE
PRIMA FACIE EVIDENCE OF INTENT TO DEFRAUD IN A CIVIL ACTION FOR
BREACH OF CONTRACT.

9-118. 9-204.

IN ADDITION TO BEING SUBJECT TO A CRIMINAL ACTION UNDER §
9-116, ANY OFFICER, DIRECTOR, OR EMPLOYEE OF ANY CONTRACTOR OR
SUBCONTRACTOR WHO, WITH INTENT TO DEFRAUD, SHALL RETAIN OR USE
THE MONIES HELD IN TRUST UNDER § 9-115, OR ANY PART THEREOF, FOR

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