(a) In this subtitle the following words have the meanings indicated. (b) “Payment security” means security to guarantee payment for labor and materials, including leased equipment, under a contract for construction. (c) “Performance security” means security to guarantee the performance of a contract for construction. (d) “Public body” means: (1) the State; (2) a county, municipal corporation, or other political subdivision; […]
(a) This subtitle does not limit the authority of a public body to require performance security in addition to, or in cases other than, those specified under §§ 17-103, 17-104, 17-106, and 17-107 of this subtitle. (b) This subtitle applies only to security for a construction contract. (c) (1) By ordinance, Baltimore City may provide for a program to […]
(a) (1) Before a public body awards a construction contract exceeding $100,000, the contractor shall provide payment security and performance security that meet the requirements of § 17–104 of this subtitle. (2) The security shall be: (i) for performance security, in an amount that the public body considers adequate for its protection; and (ii) for payment security, at least 50% […]
(a) Payment security or performance security required under this subtitle shall be: (1) a bond executed by a surety company authorized to do business in the State; (2) cash in an amount equivalent to a bond; or (3) other security that is satisfactory to the public body awarding the contract. (b) (1) Subject to paragraphs (2) and (3) of this subsection, […]
(a) Security under this subtitle: (1) if required by the State or a unit of the State government, shall be payable to “the State of Maryland”; or (2) if required by any other public body, shall be payable to that public body. (b) The form of payment security or performance security shall be approved: (1) for the State or a […]
Before a contractor receives a progress or final payment under a contract covered by payment security, the contractor shall certify in writing that, in accordance with contractual arrangements, suppliers: (1) have been paid from the proceeds of previous progress payments; and (2) will be paid in a timely manner from the proceeds of the progress or final […]
A contractor who provides payment security under this subtitle in connection with a construction contract awarded by a public body need not execute a waiver of a mechanics’ lien to the public body.
(a) Subject to subsection (b) of this section, a supplier may sue on payment security if the supplier: (1) supplied labor or materials in the prosecution of work provided for in a contract subject to this subtitle; and (2) has not been paid in full for the labor or materials within 90 days after the day that the […]
(a) An action on a payment bond required by this subtitle shall be filed in the appropriate court of the county where: (1) the contract was executed and performed; or (2) the contractor has its principal place of business. (b) An action on a payment bond required by this subtitle shall be filed within 1 year after the public […]
(a) Subsections (b)(1) and (2), (c), and (d) of this section do not apply to an entity that is required to comply with the provisions of § 13–225 of this article. (b) (1) If a contractor has furnished 100% payment security and 100% performance security in accordance with this subtitle under a contract for construction awarded by a […]
This subtitle may be cited as the “Maryland Little Miller Act”.
