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PARRIS N. GLENDENING, Governor S.B. 740
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security; providing that an executory contract between a supplier and a
contractor or subcontractor that conditions payment to a supplier on certain
other payment may not contain a contract provision abrogating or waiving the
right of a supplier to sue on certain payment security; providing that a provision
of a contract made in violation of this Act is void as against the public policy of
the State; and generally relating to actions on payment security.
BY repealing and reenacting, without amendments,
Article - State Finance and Procurement
Section 17-101(d) and (e)
Annotated Code of Maryland
(1995 Replacement Volume and 1999 Supplement)
BY repealing and reenacting, with amendments,
Article — State Finance and Procurement
Section 17-108
Annotated Code of Maryland
(1995 Replacement Volume and 1999 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - State Finance and Procurement
17-101.
(d) "Public body" means:
(1) the State;
(2) a county, municipal corporation, or other political subdivision;
(3) a public instrumentality; or
(4) any governmental unit authorized to award a contract.
(e) (1) "Supplier" means a person who supplies labor or materials.
(2) "Supplier" includes a lessor of equipment to the extent of the fair
rental value of the equipment.
17-108.
(a) Subject to subsection (b) of this section, a supplier may sue on payment
security if the supplier:
(1) supplied labor or materials in the prosecution of work provided for in
a contract subject to this subtitle; and
(2) has not been paid in full for the labor or materials within 90 days
after the day that the person last supplied labor or materials for which the claim is
made.
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- 4109 -
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