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.