Mechanic’s Lien Notice Requirements in Maryland
- May 12, 2025
- Business Law
If contractors or suppliers are not paid for the work they have done, they have the legal option of pursuing a mechanic’s lien to secure payment. But what is a mechanic’s lien, and why is it important for contractors? A mechanic’s lien is a tool that offers protection to laborers, material suppliers, and contractors. It allows these parties to sell the property they have worked on to recover any amount due to them.
The process of filing this type of lien is not always as simple as it appears. You could end up not filing it on time or filing it incorrectly, which could affect your chances of its being legally binding. That is where a Maryland construction litigation lawyer can help.
At Lusk Law, LLC, we provide help with all aspects of this type of lien. We make sure you understand why a mechanic’s lien is important, whether you are eligible to file one, and what the Maryland deadlines are.
Contact Lusk Law, LLC to schedule a consultation by calling us at (443) 535-9715.
Who Can File a Mechanic’s Lien in Maryland?
Understanding Eligibility
One of the first things our construction litigation lawyers recommend is that you have a clear idea of the people who can file a Maryland mechanic’s lien — do not waste time pursuing an option that may not be appropriate for you. In Maryland, any party that provides labor or materials of any type during a construction project is entitled to file a mechanic’s lien. This also includes design professionals like architects, surveyors, certified interior designers, and engineers. Keep in mind that if the project involves the repair or improvement of a building, the cost of the repairs or improvements done on the property has to amount to at least 15% of the property’s value or 25% if the project was a tenant improvement.
It’s not necessary to have a contract to file a mechanic’s lien. Having a contract in place before the start of every project can be a significant help if other disputes arise, however, so it is always a good idea to have something in writing.
Additional considerations include whether the building is a public building. If it is, then you cannot file a mechanic’s lien against it. You also cannot file a lien against a property that a new owner purchases before the lien is established.
How to File a Mechanic’s Lien in Maryland
To file a Maryland mechanic’s lien, you have to first file the action in the county where the property is located. There are also deadlines in Maryland to consider. You have to file within 180 days of the last time you provided services or goods to the property. The action should include a notarized affidavit, and you should file on behalf of your corporation, which needs to be registered in the state.
If you are a subcontractor, there is another Maryland deadline to keep in mind. In that case, within 120 days of providing materials or completing work, you have to provide a written notice to the property owner of your intent to file a lien.
Once you file the mechanic’s lien, you may have to provide more information to the court. If the court then agrees that the conditions for the lien have been met, it will give the property owner 15 days to show why the lien should not be granted. If the property owner does offer an answer, then a hearing is scheduled. In instances when the property owner does not attend the hearing or does not file a sworn statement responding to the claims, they will be essentially admitting that the plaintiff’s claims are correct. The lien will usually be granted at that point.
At the hearing, both the plaintiff and the property owner can present evidence to support their arguments. If there is probable cause for the lien but there are factual disputes, the court can establish an interlocutory lien. This temporary lien is in place until the trial begins.
The owner can ask the court to lift the lien at any time if they pay the lien amount to the plaintiff or file a bond for the amount of the lien. Otherwise, the trial will take place and the court will decide whether to grant the lien or not.
Content of a Mechanic’s Lien Notice
A Maryland mechanic’s lien notice must contain a full statement of why the plaintiff is entitled to a lien. It must also include:
- The plaintiff’s name and address
- The property owner’s name and address
- The materials provided or work done on the property
- A full timeline of when the work was done
- The amount due
- A description of the building or land so it can be identified if it is in another county
- If there are multiple buildings, a description of the work done on each
- If the plaintiff is a subcontractor, a statement that the owner received a notice
- For improvement projects, a statement that the work increased the property value by at least 15%.
Along with a sworn statement listing why the plaintiff should be granted the lien, the notice should include any documents that can support the claim. It is possible to amend the claim, but there are some restrictions when doing so. That’s why it’s important that you consult with a lawyer.
Our years of litigation experience have allowed us to argue cases in front of the Supreme Court of Maryland.
Contact Lusk Law, LLC to File a Lien
Advocates for Life’s Obstacles and Opportunities
If you have not been paid for the labor or materials you have provided to a project, you are within your rights to file a mechanic’s lien. When you trust Lusk Law, LLC, you can get the experienced representation you need if the case proceeds to trial. Our testimonials offer a clear idea of the kind of quality services we provide.
Speak with one of our lawyers at Lusk Law, LLC by calling us at (443) 535-9715 and scheduling a consultation.