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How to file a mechanic’s lien in Maryland

On Behalf of | Apr 1, 2024 | Construction Law |

When you complete a set of subcontracted work on a property in Maryland but have not received payment, filing a mechanic’s lien might be necessary. This lien ensures you get compensation for your labor or materials used in the project.

This is a straightforward process you can complete by following the proper steps on how to file a mechanic’s lien in Maryland.

Communication first

As a subcontractor or supplier, you have the right to file a mechanic’s lien if you have not received payment for work done on a property. Regardless of the reasons for the delayed payment, however, it is best to try resolving the issue by talking with the contractor first. Open communication can often lead to a resolution without the need for legal action.

Review the requirements

Before filing a mechanic’s lien, ensure you meet all the necessary requirements. In Maryland, these requirements include filing within a specific timeframe and providing proper notice to the property owner.

Prepare the lien document

Once you decide to move forward with filing a mechanic’s lien, prepare the necessary documents. This typically includes a written statement detailing the work performed, the amount owed and any other relevant information.

File the lien

After preparing the lien document, you can proceed to file it with the appropriate authority in the same county as the property. This is usually the Circuit Court or the District Court, depending on the amount owed.

Serve notice

After filing the lien, you must serve notice to both the property owner and the contractor. This ensures all parties involved are aware of the lien and its implications.

Enforce the lien

If payment is still not received after filing the lien and serving notice, you may need to take further legal action to enforce the lien. This could involve filing a lawsuit to foreclose on the property.

By following these steps, subcontractors and suppliers in Maryland can protect their rights and ensure they receive fair compensation for their work. If talking it out does not resolve the matter, only then should a subcontractor file a mechanic’s lien with the help of a lawyer.

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