Maryland Waiver Wire
  • Under Maryland law, there is no public policy against an advance waiver of the right to file a Mechanic's Lien by the contractor in the construction contract with the owner.
  • An owner or contractor cannot by any term of the prime contract, waive or impair the lien rights of others.
  • Subcontractors and suppliers may not waive their lien rights on in construction contracts between the contractor and subcontractor.
  • Further, a pay-if-paid clause does not waive lien rights.
  • "Paid if Paid" is enforced if explicit.
  • "Pay when Paid" suggests time for payment.
  • Pay-when-paid clause in the subcontract or purchase order does not create a condition precedent to payment.

National Association
of Credit Management

8840 Columbia 100 Pkwy.
Columbia, MD 21045
Phone: 410-740-5560
Fax: 410-740-5574

Let's Get Social!

NACM's Preferred
Software Providers

Discover More About NACM

Credit Congress
NACM's Annual Conference

Our History
Over 100 Years of History