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What is the invoice approval/rejection time period in Maryland?

Maryland

In Maryland, how many days does a general contractor have to reject a sub-contractors progress invoice? I have searched everywhere in the prompt payment act for Maryland and it does not specifically address this question. I know in Pennsylvania, the contractor has ten (10) day to approve or reject. I am currently dealing with a contractor who is rejecting my billings 45+ days after the billing cycle. The contractor is in Maryland, the project is in Maryland, and we as the sub-contractor are located in Pennsylvania.

1 reply

Apr 20, 2021

The short answer to your question is that there is no statutory time period for a general contractor to accept or reject a subcontractor's invoice. However, reading into your question somewhat, your real inquiry is what remedies does a subcontractor have when the gc rejects invoices 45 days later, and the answer is plenty! For example, if the project is a private one, you should be issuing a notice to owner of intention to claim a mechanic's lien, and potentially file a complaint for mechanic's lien in the circuit court where the project is located. And if it is a state or federal project, you should be notifying the gc's payment bond surety of the nonpayment, and taking steps to preserve your rights against the payment bond.

In short, it sounds like you need an experienced Maryland construction lawyer to assess what steps should be taken to both protect your rights to payment for labor and materials furnished, and to send a message to your gc that this subcontractor won't be pushed around!  

Please feel free to contact me directly to further discuss.

Good luck!

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