A Maryland subcontractor agreement details the scope of work between a general contractor and subcontractor, typically on a home improvement or construction project. It also includes payment terms both parties agree upon and other important details like whether or not the subcontractor must supply their needed materials.
Any subcontractor contemplating such an agreement should pay special attention to the payment clause and avoid any language that indicates the subcontractor will be paid “if” the general contractor has paid. The Maryland Court of Special Appeals has ruled that this language shifts the risk of the owner’s non-payment to the subcontractor.
“‘Subcontractor’ means a person, other than a laborer or supplier of materials, who makes an oral or written agreement with:
(1) a contractor to perform all or part of a home improvement contract; or
(2) another subcontractor to perform all or part of a subcontract to a home improvement contract.”
Note: For purposes of perfecting or filing a mechanic’s lien on non-residential construction not subject to the MHIC, subcontractors are defined more liberally in Maryland Code, Real Property § 9-101(g) as “a person who has a contract with anyone except the owner or his agent.”
Below, you can download a Maryland subcontractor agreement template in PDF or Word format.