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

CHASANOW, Judge.

In the instant case we are called upon to determine whether Maryland Code (1974, 1988 RepLVol.), Real Property Article, § 9-113 voids a provision in a contract waiving the right to claim a mechanic’s lien. The contract provided that construction work would be performed in Maryland and that the law of Pennsylvania, which permits a waiver of the right to claim a mechanic’s lien, would govern the contract. For the reasons set forth below, we hold that the parties’ contractual provision waiving the right to claim a mechanic’s lien is unenforceable in Maryland.

I

This appeal arises…