Potomac, MD asked in Contracts and Real Estate Law for Maryland

Q: Are contracts inherently confidential? No NDA in place. In MD. For HOA landscaping contract proposal.

Told by property manager not to share specifics of a contract because it is protected intellectual property. No NDA or other confidentiality agreement in place. No mention of confidentiality in the contract. This is for a proposal not a signed contract.

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: There is no inherent confidentiality in contracts. An NDA is a negotiated agreement between two parties. You do not state your connection to the landscape contract; however, if a contract offer was made and it was accompanied by a condition that the offer not be disclosed to others or the offer will be withdrawn, then that condition can be enforced. This might be something a bidding contractor would want, since a competitor who knows their bid could easily beat it by a few dollars and claim the job with that information.

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