NATIONAL GLASS, INC. v. J.C. PENNEY

No. 27, September Term, 1994.

336 Md. 606 (1994)

NATIONAL GLASS, INC. v. J.C. PENNEY PROPERTIES, INC.

Court of Appeals of Maryland.

December 7, 1994.


Attorney(s) appearing for the Case

James E. Williams, Washington, DC (Jester and Williams, on brief), for appellant.

Carlton T. Obecny, Bethesda (Scott S. Braugh, Plano, TX, on brief), for appellee.

Argued before MURPHY, C.J., ELDRIDGE, RODOWSKY, CHASANOW, BELL and RAKER, JJ., and JOHN F. McAULIFFE, Judge of the Court of Appeals (retired), Specially Assigned.


CHASANOW, Judge.

In the instant case we are called upon to determine whether Maryland Code (1974, 1988 Repl.Vol.), 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...

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