Maryland Mechanics Lien
Maryland establishes a mechanics lien by court petition. Learn the 180-day deadline to file in circuit court and the subcontractor's 120-day notice rule.
Introduction
A Maryland mechanics lien is a legal claim against real property held by a contractor, subcontractor, or supplier who improved the property and was not paid. Once established, the lien attaches to the property, clouds the title, and can be enforced by a court-ordered sale. Maryland is unusual: you do not simply record a lien. Instead, under the Real Property Article, Title 9, you establish it by filing a petition in the circuit court for the county where the land sits. A subcontractor must first give the owner written notice of intention to claim a lien within 120 days after doing the work or furnishing materials. Every claimant must then file the petition to establish the lien within 180 days after the work is finished or the materials furnished, and that same court proceeding both establishes and enforces the lien. DocDraft prepares a Maryland mechanics lien petition from your project details, and attorney review is available before you file.
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Key Things to Know
- 1
A Maryland mechanics lien secures payment against the improved property. A contractor, subcontractor, or supplier who furnished work or materials to improve real property and was not paid can claim one under the Real Property Article, sections 9-101 and following.
- 2
Subcontractors must give the owner advance notice. Under Real Prop. 9-104 a subcontractor not in privity with the owner must give written notice of an intention to claim a lien within 120 days after doing the work or furnishing the materials.
- 3
Maryland establishes the lien by court petition, not recording. Under Real Prop. 9-105 a person entitled to a lien must file proceedings in the circuit court for the county where the land sits within 180 days after the work is finished or the materials furnished.
- 4
The petition both establishes and enforces the lien. There is no separate later foreclosure suit: the same 180-day circuit-court proceeding under Real Prop. 9-105 adjudicates the lien and enforces it, so the 180-day petition is the deadline that matters.
- 5
Maryland reads the requirements strictly. Missing the subcontractor's 120-day notice or the 180-day petition deadline generally forfeits the lien, though a separate contract claim against the party that hired you may remain.
- 6
The notice and petition follow prescribed contents. Real Prop. 9-104 sets out the 'Notice to Owner or Owner's Agent of Intention to Claim a Lien,' and 9-105 sets the contents of the petition and supporting affidavit filed with the circuit court.
- 7
Owner-occupied homes limit a subcontractor's lien. Under Real Prop. 9-104(a)(2), on a single family dwelling built for the owner's own residence, a subcontractor gets no lien unless the 120-day notice is given and the owner has not already fully paid the contractor.
Key decisions before you file
Before you file a Mechanics Lien in Maryland, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
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Maryland Requirements for Mechanics Lien
Maryland Filing Deadline and Office
File the Maryland mechanics lien in the correct office, a county recorder or court as Maryland requires, within the state's deadline after you last furnish labor or materials. Maryland applies the deadline strictly, so filing late or in the wrong office can void the lien.