(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.
Structure Maryland Statutes
Title 9 - Statutory Liens on Real Property
Section 9-102 - Property Subject to Lien
Section 9-103 - Extent of Lien
Section 9-104 - Notice to Owner by Subcontractor
Section 9-105 - Filing of Claims
Section 9-106 - Procedure Following Filing of Claim
Section 9-107 - Attachment of Lien to Land in Another County
Section 9-108 - Sale Under Foreclosure or Execution of Land Against Which Lien Established
Section 9-109 - Expiration of Right to Enforce Lien
Section 9-110 - No Waiver by Giving Credit or Taking Security
Section 9-111 - Right to Institute Personal Action
Section 9-112 - Subtitle a Remedial Law; Amendment to Proceedings
Section 9-113 - Prohibited Provisions in Executory Contracts
Section 9-114 - Releases From Material Suppliers and Subcontractors