Maryland Code
Md. Code Ann., Real Prop. § 9-113 (2026)
§ 9-113
✓ current as of May 2026
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§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 or require the subcontractor to waive the right to:
(1) Claim a mechanics’ lien; or
(2) Sue on a contractor’s bond.
(b) A provision in an executory contract between a contractor and a subcontractor that is related to construction, alteration, or repair of a building, structure, or improvement and that conditions payment to the subcontractor on receipt by the contractor of payment from the owner or any other third party may not abrogate or waive the right of the subcontractor to:
(1) Claim a mechanics’ lien; or
(2) Sue on a contractor’s bond.
(c) Any provision of a contract made in violation of this section is void as against the public policy of this State.
(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 or require the subcontractor to waive the right to:
(1) Claim a mechanics’ lien; or
(2) Sue on a contractor’s bond.
(b) A provision in an executory contract between a contractor and a subcontractor that is related to construction, alteration, or repair of a building, structure, or improvement and that conditions payment to the subcontractor on receipt by the contractor of payment from the owner or any other third party may not abrogate or waive the right of the subcontractor to:
(1) Claim a mechanics’ lien; or
(2) Sue on a contractor’s bond.
(c) Any provision of a contract made in violation of this section is void as against the public policy of this State.
Notes of Decisions
Cited in 11
cases, 1978–2015 · leading case: Cunningham v. Feinberg, 107 A.3d 1194 (Md. 2015).
Cunningham v. Feinberg, 107 A.3d 1194 (Md. 2015). “The mechanic’s hen law, as it existed at the time in § 9-113 of the Real Property Article, contained a provision that stated specifically that contractual provisions made in violation of the statute were “void as against public policy of this State.”
Three M Enter., Inc. v. Texas D.A.R. Enter., Inc., 368 F. Supp. 2d 450 (D. Md. 2005). “2d at 250 (quoting Md. Code Ann., Real Property § 9-113 (1994)).”
Nat'l Glass, Inc. v. J.C. Penney Props., Inc., 650 A.2d 246 (Md. 1994). “Section 9-113 of the Real Property Article, as it existed at the time of the dispute in question, provided: “(a) In general.”
Blanch v. Chubb & Sons, Inc., 124 F. Supp. 3d 622 (D. Md. 2015). “(quoting Md.Code Ann., Real Prop. § 9-113(c)). National Glass observed that the amendment “is not a substantive change, but is merely a clarification as to why a provision waiving the right to claim a mechanic’s lien is void and unenforceable,” and relied in part on that…”
Wm. R. Clarke Corp. v. Safeco Ins. of Am., 938 P.2d 372 (Cal. 1997). “) The pay if paid provision reads; “Receipt of funds by Contractor from Owner is a condition precedent to the Contractor’s obligation to pay Subcontractor under this Agreement, regardless of the reason for Owner’s nonpayment, whether attributable to the fault of the Owner,…”
Costa v. Brait Builders Corp., 972 N.E.2d 449 (Mass. 2012). “, Md. Code Ann., Real Prop. § 9-113 (a) (LexisNexis 2010); Minn.”
Ace Am. Ins. v. Grand Banks Yachts, Ltd., 587 F. Supp. 2d 697 (D. Md. 2008). “at 250 (quoting Md.Code Ann., Real Prop. § 9-113(c)). Thus, the court found that applying contrary law would violate a fundamental policy of Maryland.”
Nat'l Glass, Inc. v. J.C. Penney Props., Inc., 619 A.2d 528 (Md. 1993). “), § 9-113 of the Real Property Article, is such a fundamental public policy so as to render unenforceable such a waiver in a contract in which the parties have provided that the law of another state should govern its interpretation and enforcement, and under the law chosen by…”
Riley v. Abrams, 412 A.2d 996 (Md. 1980). “” 10 The 1976 Act also renumbered the Little Miller Act from § 9-112 to § 9-113 of the Real Property Article. Subsection 9-113(c) continues to require "giving written notice” which "shall be served by mailing the same by registered .”
Mayor of Baltimore v. Fid. & Deposit Co., 386 A.2d 749 (Md. 1978). “) § 9-113 of the Real Property Article. With respect to Count Two, the Surety filed a motion for partial summary judgment and for declaration of rights.”
CTI/DC, Inc. v. Selective Ins. Co. of Am., 271 F. Supp. 2d 758 (D. Md. 2003). “Second, Plaintiff rests its entire argument on the bond’s reference to § 9-113 of the Real Property Article of the Maryland Code (the section that was formerly the Little Miller Act).”
Md. Code Ann., Real Prop. § 9-113(c): 2 cases
Blanch v. Chubb & Sons, Inc., 124 F. Supp. 3d 622 (D. Md. 2015). “(quoting Md.Code Ann., Real Prop. § 9-113(c)). National Glass observed that the amendment “is not a substantive change, but is merely a clarification as to why a provision waiving the right to claim a mechanic’s lien is void and unenforceable,” and relied in part on that…”
Ace Am. Ins. v. Grand Banks Yachts, Ltd., 587 F. Supp. 2d 697 (D. Md. 2008). “at 250 (quoting Md.Code Ann., Real Prop. § 9-113(c)). Thus, the court found that applying contrary law would violate a fundamental policy of Maryland.”
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