Can a Maryland home improvement contract require arbitration?
Short answer. Yes, with limits. Under COMAR 09.08.01.25 the clause must be conspicuously displayed and cannot be a mandatory condition of the contract, so the homeowner must be able to opt out. A clause that breaks these rules is unenforceable.
- COMAR 09.08.01.25
Work it through
You're the contractor. Pick what you'd do, then see how each choice plays out.
You're updating your standard contract template. Your attorney suggests adding a mandatory arbitration clause that would prevent homeowners from suing you in court.
"It saves time and money for everyone," he says.
- Correct
COMAR 09.08.01.25 specifically addresses arbitration clauses in home improvement contracts. Arbitration clauses are permitted but must be conspicuously displayed (not buried in fine print), and cannot be a mandatory condition of the contract — the homeowner must have the option to opt out. Failing to comply with these requirements makes the clause unenforceable and generates MHIC complaints.
- Wrong
COMAR 09.08.01.25 requires arbitration clauses to be conspicuously displayed, not hidden. Burying it in fine print violates the regulation and makes the clause unenforceable. More importantly, if a homeowner discovers they unknowingly waived their right to sue, that's a guaranteed MHIC complaint. Transparency builds trust; deception destroys it.
All 19 home improvement contracts questions
- Is a handshake deal legal for home improvement work in Maryland?
- What must a Maryland home improvement contract include?
- Which MHIC notice must every home improvement contract include?
- What if a signed contract is missing the completion date?
- Can a Maryland home improvement contract require arbitration?
- What happens in a scope dispute when nothing is in writing?
- Does a small cash side job need a written contract?
- Does a $2,000 job need a written home improvement contract?
- Can you start emergency repairs before signing a contract?
- Should you give a homeowner a ballpark or a written estimate?
- How do you fix a vague scope of work before it becomes a dispute?
- How should you respond when a client redlines your contract?
- How should a contract handle upgrades during the project?
- How do you price a contract for work that starts months later?
- Should a multi-year renovation be one contract or several?
- Can you sign a home improvement contract with a 17-year-old?
- What happens when a homeowner fires you partway through a job?
- Can you substitute materials named in the contract?
- How should you handle materials the homeowner supplies?