What is a construction or mechanic’s lien?
A person who supplies labor or materials for a construction project may claim a lien against the improved property if they have not been paid for their labor or materials.
Who can claim a lien in Maryland?
Maryland law is unusual in that it provides that a party cannot have a lien against property until a suit is filed, a hearing held, and a judge orders a lien be placed. Parties that can start file a lien include parties that worked on a building that has been erected, repaired, rebuilt, or improved to the extent of 15% of its value.
How long does a party have to claim a lien in Maryland?
A party seeking to claim a lien must file a petition within one hundred eighty (180) days after the last day that work was performed or materials furnished. Md. Code. Ann. Real Property 9-105.
What kind of notice is required prior to claiming a lien in Maryland?
A subcontractor seeking to clam a lien is required to provide written notice of his intent to claim a lien within one hundred twenty (120) days after the last day that work was performed or materials furnished. Md. Code. Ann. Real Property 9-104.
By what method is a lien filed in Maryland?
A party seeking to claim a lien must file a petition for lien before the Circuit court of the county in which the property is situated. A hearing will be held and everyone given an opportunity to respond.
How long is a lien good for in Maryland?
The right to enforce any lien expires one year from the day on which the petition to establish the lien was first filed. Md. Code. Ann. Real Property 9-109.
Does Maryland require a notice from contractors and subcontractors to property owners?
Yes. A subcontractor is required to provide a notice of intent to claim a lien to a property owner within one hundred twenty (120) days after the last day that work was performed or materials furnished. Md. Code. Ann. Real Property 9-104.
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