HOW TO FILE MECHANIC'S LIEN

Introduction

A mechanic's lien is a legal tool that ensures payment for work performed or materials supplied for a property. This handbook provides a step-by-step guide on how to file a mechanic's lien in Maryland, ensuring the process is clear and user-friendly.

Understanding Mechanic's Liens

A mechanic's lien can be claimed against the property of an owner for specific services provided, such as building, architectural, engineering, or land surveying services. It's crucial to have a contract, either written or implied, for the work provided or materials supplied.

Step-by-Step Guide to Filing a Mechanic's Lien

Step 1: Confirm Eligibility

Ensure that your contract satisfies all statutory requirements. Both general contractors and subcontractors can file for a mechanic's lien.

Step 2: Timely Notice

• Subcontractors: Provide notice to the owner within 120 days after your work is performed or materials are supplied.

• General Contractors: File a complaint within 180 days after the work is completed or the materials are furnished.

Step 3: Prepare the Complaint

Your complaint must include:

1. Your name and address.

2. The name and address of the property owner.

3. A description of the work performed or materials provided, including dates and the amount claimed.

4. A description of the land and the building involved.

5. A statement confirming that the work improved the building's value by at least 15%.

6. If you're a subcontractor, a statement confirming that notice was provided to the owner as required.

7. Your signature or that of an authorized representative, under oath, affirming the facts of the lien.

Step 4: File the Complaint

File your complaint in the circuit court of the county where the property is located. Ensure all elements listed in Step 3 are included to avoid dismissal.

Step 5: Show Cause Order

The court will issue a show cause order, directing the property owner to explain why the lien should not be established. This must be served to the owner by a specified date, with a hearing scheduled within 45 days.

Step 6: Attend the Hearing

Present your case at the hearing. If the court finds probable cause, it will issue an interlocutory order to establish the lien and set a trial date within six months.

Important Considerations

• Verification Requirement: Ensure all pleadings are under oath or affidavit.

• Restrictions: Mechanic's liens cannot be placed on public buildings.

• Recovery Limits: For single-family dwellings, the recoverable amount is limited to the amount unpaid to the contractor at the time notice is given.

Additional Resources

For further information, refer to:

• Maryland Real Property § 9-101 et seq.

• Maryland Rules 12-302 and 12-304

• Relevant case law and statutes cited within this handbook.

Conclusion

Filing a mechanic's lien is a detailed process, but by following these steps, you can secure your right to payment for the work performed or materials provided. Always ensure compliance with statutory requirements and deadlines to protect your claim.

For any questions or additional assistance, please contact DK Law Group.