Legal Question in Construction Law in Maryland

Re: Mechanics Lein

If you are a contractor or sub-contractor, unfortunately in Maryland there is not such thing as "filing" a mechanic's lien. Instead, there is a relatively complicated process that one goes through in order to establish and enforce a mechanic's lien. First, proper notice must be made to all of the parties in interest. There are strict time deadlines that are set out in the code. Failure to adhere to them means that the lien will not be established. Then, of course certain requirements must be met. Not all work done by a contractor or sub can form the basis for a lien. Only work that improves the property to a certain percentage of value is eligible. Once timely notice is given, then a lawsuit must be filed in the circuit court where the property is located. The lawsuit must be filed within another set of time deadlines .. again, failure to adhere to them will be fatal. Presuming that the suit is properly filed, then a date will be set for a hearing on a "temporary" (interlocutory) lien. If the contractor/sub shows that they have probable cause to establish a lien, then a temporary lien will be put in place. But that's not the end yet; if the property owner contests at all, then the matter will probably go forward in litigation toward the issue of whether a premannent lien should be established and enforced.

The bottom line is that many folks assume that establishing a mechanic's lien is undertaken by simply "filing" a piece of paper and paying a fee. In Maryland at least, it is actually a very complicated process with many many traps for the unwary.

This process would be relatively difficult to pull-off without legal counsel. Moreover, most of the time, contractors are themselves corporate entities and cannot appear in court except by counsel.

If you have any further questions, please feel free to contact me.