Mechanic’s Lien in Maryland – The Basics

Everyone contractor should know the basics regarding mechanic’s lien in Maryland, including timing of bringing forth a claim, notice to parties, and other considerations.  The following list consists of some of the basic considerations that any party to a potential mechanic’s lien should consider:

·       Timing – In Maryland, a contractor or subcontractor must bring a mechanic’s lien claim within 180 days from the last day they performed work or supplied materials on the project.

·       Notice – Subcontractors must provide a notice of intent to lien a property within 120 days from the last day they performed work or supplied materials on the project.

·       Lienable Properties – In Maryland, mechanic’s liens can be placed on non-public new construction or renovations that increased the value of the property by 15%.  A contractor cannot bring a claim against public property.

·       Waiver of Mechanic’s Lien Provisions – Maryland, unlike Virginia and Washington D.C., does not permit the waiver of a mechanic’s lien provision in a contract.  As a result, if the contract states that a contractor has waived its right to bring a mechanic’s lien claim in Maryland, it may be unenforceable.

·       Protecting against Mechanic’s Lien – obtaining lien releases for work performed and materials furnished will protest owners and contractors from mechanic’s liens. 

·       Information necessary in a Petition for Mechanic’s Lien includes:

o   Name and address of the petitioner

o   Name and address of the owner

o   The nature or kind of work performed or materials furnished

o   A description of the land and  building

o   Evidence of notice to owner, if the Petitioner is a subcontractor

o   Affidavit by the Petitioner confirming the facts and amounts at issue

o   Copies or originals of all material papers

Obviously, these are the basics considerations to review when dealing with a mechanic’s lien in Maryland.  All cases are different and will require specific analysis dependent on the facts and other potential issues. 

For additional information, contact Michael W. Siri at siri@bowie-jensen.com.