Construction Law: Mechanic's Lien in Maryland – The Basics

Everyone 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 protect owners and contractors from mechanic’s liens.
• Information necessary in a Petition for Mechanic’s Lien includes:
  • Name and address of the petitioner
  • Name and address of the owner
  • The nature or kind of work performed or materials furnished
  • A description of the land and building
  • Evidence of notice to owner, if the Petitioner is a subcontractor
  • Affidavit by the Petitioner confirming the facts and amounts at issue
  • 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.