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Md. Code Ann., Real Prop. § 9-201 (2026)

§ 9-201

✓ current as of May 2026
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§9–201.

    (a)    For the purposes of this subtitle, “managing agent” means an employee of a contractor or subcontractor who is responsible for the direction over or control of money held in trust by the contractor or subcontractor under subsection (b) of this section.

    (b)    (1)    Any money paid under a contract by an owner to a contractor, or by the owner or contractor to a subcontractor for work done or materials furnished, or both, for or about a building by any subcontractor, shall be held in trust by the contractor or subcontractor, as trustee, for those subcontractors who did work or furnished materials, or both, for or about the building, for purposes of paying those subcontractors.

        (2)    An officer, director, or managing agent of a contractor or subcontractor who has direction over or control of money held in trust by a contractor or subcontractor under paragraph (1) of this subsection is a trustee for the purpose of paying the money to the subcontractors who are entitled to it.

    (c)    (1)    Nothing contained in this subtitle shall be construed as requiring money held in trust by a contractor or subcontractor under subsection (b) of this section to be placed in a separate account.

        (2)    If a contractor or subcontractor commingles money held in trust under this section with other money, the mere commingling of the money does not constitute a violation of this subtitle.


Notes of Decisions
Cited in 8 cases, 1995–2019 · leading case: K&M Elec. Servs., Inc. v. Vito (In re Vito), 598 B.R. 809 (Bankr. D. Md. 2019).
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K&M Elec. Servs., Inc. v. Vito (In re Vito), 598 B.R. 809 (Bankr. D. Md. 2019). · cites it 5× “Second, the Plaintiff argues that the Plaintiff and the Defendant entered into a voluntary trust agreement under which the Defendant agreed to act as a fiduciary with respect to certain funds.”
Wilcoxon Constr., Inc. v. Woodall (In Re Woodall), 177 B.R. 517 (Bankr. D. Md. 1995). · cites it 5× “(a) Moneys to be held in trust. — Any moneys paid under a contract by an owner to a contractor, or by the owner or contractor to a subcontractor for work done or materials furnished, or both, for or about a building by any subcontractor, shall be held in trust by the contractor…”
Westview Investments, Ltd. v. U.S. Bank Nat'l Ass'n, 133 Wash. App. 835 (Wash. Ct. App. 2006). “Becker and Dwyer, JJ., concur. For purposes of clarity and consistency, the Westview property appellants will be referred to collectively as “Westview” in this opinion.”
Marinucci v. SG Homes Assocs., LP, 472 B.R. 299 (D. Md. 2012). · cites it 2× “at 43:2-10; Md.Code Ann., Real Prop. § 9-201. On May 14, 2008, Munnikhuysen sent an email to DeVerger to say that Chesapeake’s bond 6 had been “cancelled because [Chesapeake] assumed that [SG Homes] no longer wanted it.”
Selby v. Williams Constr. Servs., 948 A.2d 132 (Md. Ct. Spec. App. 2008). “The Maryland Construction Trust Statute 1 This appeal implicates the Maryland construction trust statute, Md.Code, Real Prop. § 9-201, et seq. Entitled “Moneys to be held in trust; commingling,” the statute provides: (a) For the purposes of this subtitle, “managing agent” means…”
Jaguar Tech., Inc. v. Cable-LA, Inc., 229 F. Supp. 2d 453 (D. Md. 2002). “Counts III and IV of Plaintiffs complaint, brought pursuant to the Maryland Construction Trust Statute, Md.Code Ann., Real Prop. §§ 9-201 to 9-204 (1987), against Defendant Henkels & McCoy, Inc.”
Argonaut Ins. v. Wolverine Constr., Inc., 976 F. Supp. 2d 646 (D. Md. 2013). “Zimmerman (“Zimmerman”), and various Wolverine affiliates 1 for contractual indemnity and violation of the Maryland Trust Fund Statute (the “MTFS”), Md. Code Ann., Real Prop. §§ 9-201 et seq.”
Ins. Co. of North Am. v. Genstar Stone Prods. Co., 656 A.2d 1232 (Md. 1995). “The legal basis relied upon by INA for its reallocation argument is the construction trust statute, the relevant part of *182 which, INA says, is § 9-201(a) of the Real Property Article. That section reads: “Any moneys paid under a contract by an owner to a contractor, or by the…”
Md. Code Ann., Real Prop. § 9-201(a): 2 cases
Wilcoxon Constr., Inc. v. Woodall (In Re Woodall), 177 B.R. 517 (Bankr. D. Md. 1995). “(a) Moneys to be held in trust. — Any moneys paid under a contract by an owner to a contractor, or by the owner or contractor to a subcontractor for work done or materials furnished, or both, for or about a building by any subcontractor, shall be held in trust by the contractor…”
Ins. Co. of North Am. v. Genstar Stone Prods. Co., 656 A.2d 1232 (Md. 1995). “The legal basis relied upon by INA for its reallocation argument is the construction trust statute, the relevant part of *182 which, INA says, is § 9-201(a) of the Real Property Article. That section reads: “Any moneys paid under a contract by an owner to a contractor, or by the…”
Md. Code Ann., Real Prop. § 9-201(b): 1 case
K&M Elec. Servs., Inc. v. Vito (In re Vito), 598 B.R. 809 (Bankr. D. Md. 2019). “Second, the Plaintiff argues that the Plaintiff and the Defendant entered into a voluntary trust agreement under which the Defendant agreed to act as a fiduciary with respect to certain funds.”
Md. Code Ann., Real Prop. § 9-201(c): 1 case
K&M Elec. Servs., Inc. v. Vito (In re Vito), 598 B.R. 809 (Bankr. D. Md. 2019). “Second, the Plaintiff argues that the Plaintiff and the Defendant entered into a voluntary trust agreement under which the Defendant agreed to act as a fiduciary with respect to certain funds.”
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