A Maine 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 his or her 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.
A subcontractor agreement should not include any language that waives the subcontractor’s right to claim a mechanic’s lien or sue on a contractor’s bond, as Maryland Code, Real Property § 9-113 specifically makes such terms void.