- 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.
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