H.B. 219                                                 VETOES

and materials furnished, the time when the work was done or the materials furnished, and
the name of the person for whom the work was done or to whom the materials were
furnished).

I do solemnly declare and affirm under the penalties of perjury that the contents of
the foregoing notice are true to the best of the affiant's knowledge, information, and
belief.

(Individual)

on behalf of .......................................

(Subcontractor)

(insert if subcontractor is not an

individual)

(c)     The notice is effective if given by registered or certified mail, return receipt
requested, or personally delivered to the owner by the claimant or his agent.

(d)     If there is more than one owner, the subcontractor may comply with this
section by giving the notice to any of the owners.

(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] 120
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.

(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) 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.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1996.

May 22, 1996

The Honorable Casper R. Taylor, Jr.

Speaker of the House

State House

Annapolis, Maryland 21401

Dear Mr. Speaker:

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