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Obtaining a Mechanics’ Lien in Maryland

In most states, a person who has improved real property can obtain a mechanics’ lien from the court on the improved property if he or she is not paid. Courts tend to construe mechanics’ liens broadly to provide subcontractors with a remedy when they have already delivered materials or supplied the labor.

In Maryland, an attorney representing the corporation must file a petition for a mechanics’ lien with the court. The modern mechanics’ lien was introduced in Maryland in 1791. A mechanics’ lien is attached to property for the benefit of a person who has improved the property but has not been paid for such improvement. This is a particularly important tool for construction contractors and subcontractors who are not paid after providing services and material.

Under Maryland law, a business filing for a mechanics’ lien must do so in the county where the property is located, within 180 days of the work being finished or the materials being furnished. There are several requirements for a petition for a mechanics’ lien, including:

  • The name and address of the petitioner.
  • Name of the person for whom the materials were furnished or the work was performed.
  • A description of the work performed and the materials furnished by the petitioner.
  • The amount or sum claimed.
  • Description of the land where the property is located.
  • Petitioners who are subcontractors must allege facts showing that appropriate notice was given to the owner of the property upon which a mechanics’ lien is sought.
  • An affidavit by the petitioner demonstrating the amount they are owed.

For more information on construction law and business disputes, contact an experienced business law attorney.

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