Ch. 626                                    1994 LAWS OF MARYLAND

[(c)] (D) Services provided in accordance with subsection [(b)(5)] (C) of this
section do not require an architect's seal.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1994.

Approved May 26, 1994.

CHAPTER 626
(House Bill 1012)

AN ACT concerning

Construction Contracts - Payment by Contractor to Subcontractor

FOR the purpose of prohibiting preventing a provision in certain construction
subcontracts that conditions payment from a contractor to the subcontractor upon
receipt of payment by the contractor from the owner or other party from abrogating
or waiving the subcontractor's right to claim a mechanic's lien or sue on a
contractor's bond; declaring that a contract provision made in violation of this Act
is void and is against the public policy of this State; providing for the application of
this Act; and generally relating to prohibited provisions in construction contracts.

BY repealing and reenacting, with amendments,                                         

Article - Real Property
Section 9-113

Annotated Code of Maryland
(1988 Replacement Volume and 1993 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Real Property

9-113,

(a) An executory contract between a contractor and any subcontractor that is
related to construction, alteration, or repair of a building, structure, or improvement may
not [waive]:

(1) WAIVE or require the subcontractor to waive the right to:

[(1)](I) Claim a mechanics' lien; or

[(2)](II) Sue on a contractor's bond; OR.

(2) CONTAIN A PROVISION THAT CONDITIONS PAYMENT FROM A
CONTRACTOR TO A SUBCONTRACTOR UPON RECEIPT BY THE CONTRACTOR OF THE
PAYMENT FROM THE OWNER OR ANY OTHER PARTY.

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