WILLIAM DONALD SCHAEFER, Governor

Ch. 520

You may protect against such a possibility by:

(1)  Promptly paying incremental amounts due under the
contract and requiring an express accounting from your contractor
of the goods and/or services that are covered by each payment;
and

(2)  Requesting that your contractor provide you with
waivers of liens from all applicable subcontractors, suppliers,
or materialmen within a reasonable time after you have made
payment for the goods or services they provide."

(b) (1) A [custom home] builder shall include in each
[custom] home contract a certification by the builder.

(2)  The certification by the builder under paragraph
(3) of this subsection shall be:

(i) On a separate page of the [custom] home
contract; and

(ii) Separately signed by the buyer.

(3)  Except as provided under paragraph (4) of this
subsection, the certification required under paragraph (1) of
this subsection shall state:

"CERTIFICATION BY BUILDER

I (name of builder) hereby certify that to the best of my
knowledge, both I and any business entity in which I had an
ownership interest in excess of 51 percent have not:

(1)  Within the past 3 years been adjudged by a court
of competent jurisdiction in Maryland to have failed to comply
with any provision of the Custom Home Protection Act or the
Consumer Protection Act as it applies to the construction of new
homes;

(2)  Been adjudged liable for a final judgment in
connection with a [custom] home contract, which judgment
currently remains unsatisfied."

(4)  If a [custom home] builder is unable to
execute the certification under paragraph (2) truthfully, then
another certification, required under subparagraph (i) of this
paragraph shall be substituted, which shall state:

"CERTIFICATION BY BUILDER

I (name of builder) hereby certify that, to the best of my
knowledge, the information provided below includes all instances

- 2405 -