Mechanics Lien Attorneys in Maryland and D.C.
Litigation over placement of real property liens by subcontrators & suppliers
Construction and engineering projects can end because of mechanics' lien disputes. We help suppliers, subcontractors, contractors, engineers, owners and architects regarding mechanics liens in Montgomery County, Prince George's County, Howard County, Frederick County and throughout Maryland and the District of Columbia.
Mechanics' Liens are liens on real property
Mechanics' lien practice involves the process of the "perfection" of the lien by appropriate notice and litigation, efforts to enforce the lien by sales of the real property involved, and, on the flip side, defense against the first two efforts by an opponant. Construction lien laws (called mechanics liens but having nothing to do with vehicles) established the legal framework for perfecting and enforcing a construction lien on real property. Maryland and the District Columbia lien law have significant differences that are often overlooked by players in the construction world. Anyone active in construction should understand the operation and enforcement of mechanics' lien laws and the importance of attention to the very short notice periods required from and/or provided to contractors, subcontractors, suppliers and others furnishing labor or materials "on or about" real property. Attorney Dan Willard works with clients to protect their interests regarding mechanics' liens.
As part of a comprehensive construction litigation practice spanning 25 years, the law firm of Daniel S. Willard, P.C. in Montgomery County offers competent mechanics' lien claim litigation representation to clients throughout Maryland and the District of Columbia. Dan Willard, a Bethesda lawyer experienced with mechanics liens claims works with you and your experts to determine the strengths and weaknesses of your case and to aggressively present your matter to the judge or jury.
We bring — and defend — all types of mechanics lien claims on behalf of owners, developers, contractors, subcontractors, construction managers, suppliers, manufacturers, design professionals, risk insurers and sureties.
MECHANICS' LIENS IN MARYLAND
Are you a builder, contractor, subcontractor or supplier in Maryland? If you provide construction work on a structure on a piece of real property and the owner or a general contractor or a subcontractor with whom you have a contract fails to pay you, you may be able to increase the remedies you have available to get paid if you can qualify to file a lien on the real property where you did your work. In Maryland, that lien is called a mechanics' lien.
This section of this site introduces the construction law issue of mechanic's liens. This section is addressed primarily from the perspective of the contractor. Other articles discuss the issue from the side of the owner of the commercial property and the residential homeowner property.
Much of Maryland statutory construction lien law is found in Maryland's Real Property Law Article of the Maryland Code. In the Real Property Article, the legislature provides the broad outline of the mechanic's lien:
(a) Every building erected and every building repaired, rebuilt, or improved to the extent of 15 percent of its value is subject to establishment of a lien in accordance with this subtitle for the payment of all debts, without regard to the amount, contracted for work done for or about the building and for materials furnished for or about the building, including the drilling and installation of wells to supply water, the construction or installation of any swimming pool or fencing, the sodding, seeding or planting in or about the premises of any shrubs, trees, plants, flowers or nursery products, the grading, filling, landscaping, and paving of the premises, the provision of building or landscape architectural services, engineering services, land surveying services, or interior design services that pertain to interior construction and are provided by a certified interior designer, and the leasing of equipment, with or without an operator, for use for or about the building or premises.
You can find the citation to that section and other sections of Maryland's mechanics' lien law at the Maryland legislature's website at this link.
So, if you contracted to provide work to be done "for or about the building" or contracted to provide materials to be furnished "for or about the building" in Maryland, you may be able to get a lien placed on the building.
Obviously, if you are the owner of that building, and your general contractor does not pay its subcontractors -- or you do not pay the owner -- someone may have the right to file a lien against your building.
There are many time limits and exclusions under the Real Property Article and elsewhere in the Maryland Code and in the case law.
For example, the subject of another article, if the building is not new construction and is not improved by more than "15 percent of its value", there may be no right to the lien.
If you are a contractor, subcontractor, supplier, building owner or residential homeowner, go to a Maryland construction law attorney who understands Maryland's Mechanics' Lien law.
We represent clients in construction arbitration and in litigation. Also, we draft construction agreements, and we counsel clients on the management and avoidance of construction claims and disputes.
Choose us for 25 years of legal experience.
Our services include:
- Representing clients in construction cases
- Drafting construction agreements
- Counseling on management of construction claims
- Litigating design and construction defects
- Representing clients in insurance/coverage claims
- Representing in federal and state construction claims
- Representing clients in private construction claims
- Aggressive representation
- High-stakes litigation
- Bond claims: Miller Act and Little Miller Acts
- Mechanic’s lien claims
- Maryland trust fund claims
- Maryland custom home protection act claims
- Construction accidents
- Construction delays
- Construction defects
- Construction contract negotiation
- Construction contract breach
- Contract defaults
- High-dollar-debt collection
- State and federal courts
By Dan Willard
For a free initial consultation, call us at 240-483-0725.