MD STATECourt of Appeals of Maryland
2002

Bragunier Masonry Contractors, Inc. v. Catholic University of America

796 A.2d 744Court of Appeals of Maryland • Decided 2002Enforced
Lien WaiverRetentionCited 26 times

HOLDING

Bragunier Masonry, a subcontractor, won a judgment against a general contractor (Crough, Inc.) for unpaid work on one project. When Crough couldn't pay, Bragunier tried to garnish funds the university owed Crough for a different project where Bragunier never worked. Maryland's highest court ruled against Bragunier, holding that a creditor in garnishment can only recover what the original debtor could have recovered, and the claim was time-barred because the underlying debt's statute of limitations had expired.

KEY FINDINGS

Lien Waiver

You cannot garnish a customer's payments to your contractor for unrelated projects—you can only reach funds tied to the specific work you performed.

Retention

Garnishment claims are subject to the same statute of limitations as the original debt; waiting too long to pursue collection kills your garnishment rights.

FULL COURT OPINION