Under Md. Code, Real Prop. § 14-502, the general contractor must pay subcontractors within 10 days after receiving payment from the owner on private jobs. On public works under State Finance § 10-102, the GC must pay subs within 7 days after receiving owner payment, with interest available on late amounts. Your subcontract should mirror these statutory deadlines so that late payments automatically trigger the statutory interest and remedies without negotiation.

Maryland does not cap retainage by statute on private construction; retainage is negotiated. On public works under State Finance § 10-102, retention is typically 10% until 50% completion, then reduced if progress is satisfactory. Your agreement should specify the exact retainage percentage, the release schedule (typically at substantial completion and final completion), and payment of statutory interest on withheld retainage.

While Maryland has not enacted a blanket statutory ban on pay-if-paid clauses, courts and statutes in most states treat "pay-when-paid" as a reasonable timing provision rather than an absolute condition. Check Maryland Code, Real Property Title 9, Subtitle 1 (Maryland Lien Law) and Prompt Pay provisions at Md. Code, State Finance § 10-102 et seq. (public) and Real Prop. § 14-502 (private) for specific restrictions, and make sure your subcontract states that payment from the owner is not an absolute condition precedent to your right to be paid.

Maryland does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Under Md. Code, Real Prop. Title 9, lien waivers given before payment is received should be conditional to preserve lien rights. Never sign an unconditional waiver until payment has actually cleared your bank account, and make sure your waiver identifies the specific billing period and amounts to avoid losing lien rights on future work.

Maryland under Md. Code, Real Prop. § 9-111 voids construction contract provisions requiring a subcontractor to indemnify the owner or GC for their sole negligence or willful misconduct. Always read the indemnification clause carefully — even in states with anti-indemnity statutes, "broad form" indemnity for joint negligence is typically still enforceable.

Maryland requires filing a lien within 180 days after the last work or materials were furnished, followed by foreclosure within 1 year of filing. Maryland does not require a statutory preliminary notice for private projects; best practice is a voluntary Notice of Intent to Lien sent promptly after first furnishing labor or materials. Send statutory notices by certified mail or another trackable method, keep copies of everything, and calendar the deadlines immediately upon each project’s completion.