MD STATECourt of Appeals of Maryland
1994

National Glass, Inc. v. J.C. Penney Properties, Inc.

336 Md. 606Court of Appeals of Maryland • Decided 1994Voided

HOLDING

National Glass, a Maryland subcontractor, was owed $56,579 for glass installation work on a J.C. Penney store. The subcontract with the general contractor included a clause waiving mechanic's lien rights and stated Pennsylvania law would govern. Maryland's highest court ruled that Maryland law protects mechanic's lien rights as a fundamental public policy that cannot be waived, even if the contract says another state's law applies. This means subcontractors in Maryland cannot lose their lien rights through contract language, regardless of what the contract says.

KEY FINDINGS

Lien Waiver

Never accept a lien waiver clause in Maryland contracts—it's void and unenforceable no matter what the contract language says

Lien Rights

Maryland's mechanic's lien protection applies to all work performed in Maryland, even if the contract specifies another state's law

FULL COURT OPINION