Maryland State Projects

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notice requirements Maryland State Projects lien requirements Maryland State Projects
prime contractor Maryland State Projects N/A N/A
sub laborer Maryland State Projects None For those who did not contract with the prime, must file a bond claim with the prime contractor within 90 days of last furnishing labor or materials to the project (good practice for those who did contract with prime as well). Enforcement lawsuit must be filed within 1 year from final acceptance of the project.
supplier other Maryland State Projects None For those who did not contract with the prime, must file a bond claim with the prime contractor within 90 days of last furnishing labor or materials to the project (good practice for those who did contract with prime as well). Enforcement lawsuit must be filed within 1 year from final acceptance of the project.

Maryland Public Project Frequently Asked Questions

Who Is Protected?

In Maryland, all parties supplying labor or materials to the prime contractor, subcontractor, or sub-subcontractor on a public project may bring suit on a payment bond.  A bond is required for all public projects larger than $100,000.  Suppliers to suppliers are not protected.

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When is the Deadline to File a Lien/Make a Claim?

Bond Claim: Written notice must be given within 90 days from the date of last furnishing labor and/or materials.  Note that the 90-day period is a requirement for when the claim must be received, not the time by which the notice of claim must be sent.

Contract Funds on State Job: The claim must be received by the general more than 10 days after the general has received payment from the state if the claimant remains unpaid at that time.

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Who Should Receive the Lien/Claim?

Bond Claim:  The claim must be given to the general contractor, however it may be best practice to also notify the public entity and the surety (if known).

Contract Funds on State Job:  Claim must be sent to the State Procurement Officer.

Note that to obtain a copy of the bond, the claimant must send final notice to the Comptroller or other officer in charge of the office in which the bond is required to be filed.

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When is the Deadline to Initiate Suit, or, How Long is My Lien Effective?

After 90 days from last date work was performed or material supplied for which claim was made, but before one year of date of final acceptance of work performed under prime contract.

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What Must the Lien/Claim Include?

Bond Claim:  The amount being claimed and the name of the party to whom the material was furnished or for whom the labor was performed.

Contract Funds on State Job:  The name of the contractor, identification of the project, the amount in dispute, an itemized description of the facts on which the dispute is based, and an explanation of the dispute if known.

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How Must the Claim Be Sent?

Bond Claim:  The claim must be sent to the general contractor by certified mail to the contractor’s residence or where contractor has an office or does business.  Verification of receipt is generally good practice, as the consequences of the general’s refusal of the mailing is unclear.

Contract Funds on State Job:  No method provided by statute, but must be actually received.

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Maryland Public Project Preliminary Notice FAQs

Do I Need to Send a Preliminary Notice?

No.  However, on a state project a subcontractor must notify the state procurement officer if the general receives a payment but does not timely pay the subcontractor.

When do I Need to Send a Preliminary Notice?

N/A

What if I Send the Preliminary Notice Late?

N/A

How Should the Preliminary Notice be Sent?

N/A

To Whom Must the Preliminary Notice be Given?

N/A