Washington, DC doesn't require any party to send a preliminary notice before filing a mechanics lien. However, sending a prelim can reduce payment problems and help you get paid faster.
Washington DC Mechanics Lien Guide and FAQs
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Washington, DC lien deadlines for:
Claimants in Washington, DC must file a mechanics lien within 90 days from completion or termination of project, whichever is earlier.
In Washington DC, a lien claimant is required to initiate an action to enforce the lien within 180 days of filing the lien.
Additionally, within 10 days of filing suit, a notice of Pendency of Action must be recorded.
This deadline may not be extended, and if the deadline is missed, the lien expires.
Washington DC Mechanics Lien FAQs
Who can file a Washington DC mechanics lien?
In Washington DC, mechanics lien rights are limited to parties who contract with either the property owner or the prime contractor.
Sub-subcontractors or suppliers to suppliers are not entitled to a lien.
It is unclear whether or not design professionals, such as architects can file a mechanics lien in Washington DC.
Is a written contract required to file a mechanics lien in Washington DC?
Generally, a written contract isn’t required in Washington DC to be able to file a mechanics lien. However, its always a good idea to get a contract in writing at the outset of each and every construction project.
• Dive deeper: Can a Contractor File a Lien Without a Written Contract?
Can an unlicensed contractor file a Washington DC mechanics lien?
No. Washington DC requires a claimant to be licensed in order to enforce a mechanics lien.
• If the claimant is an entity organized under DC laws or is doing business in DC, the claimant must provide a copy of their current license to file a lien in addition to a certificate of good standing from the Department of Consumer and Regulatory Affairs issued within 180 days prior to the date of filing the lien.
• If the claimant is an individual or entity organized under a different state’s laws and is doing business outside of DC but is required to be licensed by a governmental entity, the claimant must provide a copy of their current license and a certificate showing the claimant’s good standing in that state’s jurisdiction.
• If the claimant is under a home improvement contract, a copy of the home improvement contract must be included with the lien claim.
Note: The above information represents statutory requirements in Washington DC. However, the Washington DC’s recorders office has been known to impose additional licensing “rules” that are not necessarily reflective of the Washington DC mechanics lien statute.
• Learn how to get licensed: Guide to Washington DC Contractor Licenses
When is the deadline to file a Washington DC mechanics lien?
In Washington DC, a mechanics lien must be filed within 90 days after completion or termination of the project, whichever is earlier.
What information should be included in a Washington DC mechanics lien?
A Washington, DC mechanics lien is governed by DC Code §40-303.08, and must contain the following information:
• Claimant’s information;
• Owner’s information;
• General contractor’s information
• Amount claimed
• Description of labor & materials (including first and last dates)
• Description of property
• Copy of contractor license & certificate of good standing
• Copy of home improvement contract (if applicable)
• Signed and notarized statement
Does a Washington DC mechanics lien need to include a legal property description?
Yes. Washington DC requires that the mechanics lien include a legal description and, to the extent available, a street address of the property.
• Learn more: Legal Property Description Search | A Complete Guide
Can attorney fees, collection costs, or other amounts be included in the lien amount?
No. Washington DC mechanics liens are generally limited to the amount of the contract price or, in the absence of an express contract, the reasonable value of the project. No extraneous amounts should be included in the lien amount.
Does a Washington DC mechanics lien need to be notarized?
Yes. DC law requires that a mechanics lien must be notarized to be valid and accepted for recording.
Where do I file and record a Washington DC mechanics lien?
Washington DC mechanics lien claims are documents recorded with the Office of the Recorder of Deeds of the District of Columbia.
Click here for the specific formatting requirements, deadlines, fees, process to file, and answers to frequently asked questions.
How do I actually file a Washington DC mechanics lien?
There are a lot of questions on this page about who can file a Washington DC mechanics lien, when it must be filed, what types of rules apply, and more. But you may be wondering something much more practical: how do I actually get my mechanics lien recorded and filed?
• For a full breakdown of the process, you may want to consult: How to File a Washington DC Mechanics Lien | A Step-by-Step Guide
Do I need to send notice that the mechanics lien was recorded in Washington DC?
Yes. Washington DC law requires that the claimant send a copy of the lien filing to the property owner within 5 business days after it was recorded. The copy must be sent by certified mail to the owner’s current address or, if not available in the local public records, to the owner’s last known address.
If the certified mail is returned unclaimed or undelivered, the claimant must post a copy of the recorded notice of intent at the property in question. The notice must be posted in a location generally visible from an entry point to the property.
When is the deadline to enforce a Washington DC mechanics lien, or, how long is my lien effective?
Can I collect the entire unpaid amount from the property owner if they have already paid the general contractor in full in Washington DC?
No, Washington DC is considered an “unpaid balance lien state,” meaning that a subcontractor or supplier’s lien claim will be limited to the amount still owed to the GC at the time of filing.
• For more, see: Full Price v. Unpaid Balance Liens
Does a Washington DC lien have priority over pre-existing mortgages or construction loans?
In Washington DC, a mechanics lien is preferred over all encumbrances that attach to a property after the commencement of work upon the property. Only those encumbrances that were recorded prior to the commencement of work have preference over a valid mechanics lien.
As to competing mechanics liens, a subcontractor’s timely filed claim shall take precedence over a general contractor’s claim. All subcontractor’s claims are of equal priority, and will be paid pro-rata in case there are insufficient funds to cover all claims.
Who cancels the Washington DC mechanics lien if/when I get paid?
Upon satisfaction of the lien, the lienor should, upon demand of the lienee and at the lienee’s expense, file an entry of satisfaction with the clerk’s office. If the claimant fails to do so, he is liable for $50 and any damages the lienee sustained as a result of that failure.
What are the Lien Waiver rules?
Washington DC does not have statutory lien waiver forms; therefore, you can use any lien waiver form. Since lien waivers are unregulated, be careful when reviewing and signing lien waivers.
Washington DC law is unclear or silent about whether contractors and suppliers can waive their lien rights before any work on the project begins. Accordingly, you want to proceed with caution on this subject.
To learn more about lien waivers, see our Washington DC Lien Waiver FAQs and Resources.
People are asking Washington DC construction attorneys:
Can lien rights be transfered
A mechanic's lien is for labor or materials furnished - if you don't furnish the windows, it is unlikely a judge will allow a mechanic's lien to attach. So while you may have a breach of contract action or another remedy as might be provided under the contract or proposal, I don't think a mechanic's lien is the right approach, unless you first deliver the windows.
Alternative to Mechanics Lien?
You do not state whether you are the general contractor, subcontractor or material supplier, and whether its 90 days from the completion or termination of the entire project, or simply 90 days from your last day of work - so, depending on the answers to all these questions, it may not be too late to file a mechanic's lien. Apart from a mechanic's lien, in the District of Columbia you have 3 years to file a breach of contract action, so that remains an option even after the timeframe to file a mechanic's lien passes.
Ask a construction lawyer about a Washington DC Mechanics Lien
5 Things to Know
Contractors & suppliers have strong lien rights in Washington DC. If a contractor or supplier isn’t paid on an Washington DC job, they can turn to filing a lien to speed up payment and protect themselves. However, there are specific requirements and rules that must be followed. Here are 5 essential things you need to know about Washington DC’s mechanics lien law.
1) An Adequate Legal Property Description is Required
The criteria for an adequate legal description varies greatly across the country, but Washington DC tends to fall on the stricter side of the spectrum. Because of this, it’s best to include both the street address and the legal property description as listed in the most recent deed. This generally includes descriptions of the lot, subdivision, and recording information.
2) A Copy of Your Business License is Required
If you’re a business legally operating in DC, that means you must have a license issued by the Department of Consumer and Regulatory Affairs. If your business isn’t in the District and is required to be licensed, you’ll still need to provide a license issued by the government or jurisdiction where your business is located. Be careful here, because the DC recorder can be very particular about this document. Simply listing your license number and other pertinent information may not be enough to get your lien recorded. To avoid any hold ups, attach a physical copy of your business license to your mechanics lien claim.
3) A Certificate of Good Standing is also Required
The Certificate of Good Standing is another document that DC businesses can obtain from the Department of Consumer and Regulatory Affairs and it must have been issued within 180 days prior to filing your lien.
For businesses doing work in the District that are based elsewhere, the requirements are murkier: you’ll need to show your company is in good standing with a certificate issued by the state or jurisdiction where your business is located.
4) Your Home Improvement Contract is also Required
This requirement only applies to work provided under a home improvement contract, that is, home improvement work done on a residential property under a written agreement in a form that has been approved by the Department of Consumer and Regulatory Affairs. (Are you noticing a pattern here?)
If you’re uncertain if your project falls into this category, you can always include your contract as an additional attachment. When it comes to making a lien claim, including more attachments than you need is better than falling short. Better safe than sorry!
5) Don’t Forget to Sign on the Dotted Line
As is the case with most of the states, you must sign and notarize your DC lien claim. If you’re using an authorized agent or service such as Levelset to assemble and submit your lien for filing, you’ll need to provide a signed document granting their authority to sign on your behalf.
Do It Yourself: How to file a lien in Washington DC
Read the Guide
Securing and enforcing your lien rights can be a complicated process. However, if you’re willing and able to go at it alone, you’re in the right place. This 7-minute guide will provide every step you need to take to get you paid what you’ve earned.
Get the right form
Download a blank Washington DC Claim of Lien form. Our free forms were created by construction attorneys to meet the requirements in lien law in Washington DC. The district’s statutes are very specific about the language and formatting required in a lien claim document. We make it easy to get this part right.
Fill out the form
This part can take some time since Washington DC mechanics lien forms require a lot of the information. Making a mistake on the lien form could invalidate your claim. All of the information must be accurate, including the legal names of each party, the property description, the property owner(s), and the claim amount. Review every detail carefully. Don’t forget it needs to be notarized too!
Record the lien
There are a few different ways to file a lien in Washington DC: In person at the District of Colombia county recorders office, by mail, or via electronic filing. e-filing is usually easiest but can have extra fees associated.
Send it to the owner
After you’ve filed your mechanics lien in the recorder’s office, there’s one more thing you need to do to have a valid lien claim. You need to send a copy to the property owner. This must be sent by certified mail within 5 business days of filing the claim. If returned undelivered, the copy can be posted on the job site.
Keep following up
Filing a lien in Washington DC doesn’t always solve the issue, and a lien filing isn’t the end of the road. There are some other important steps to consider here. In addition to serving the lien, you should be communicating with other parties, potentially inforcing the lien, or releasing the lien if payment was made.
Washington DC Mechanics Lien Statute
The provisions of the Washington DC mechanics lien statute that permit the filing of mechanics liens and materialman’s liens on construction projects can be found in the District’s Mechanics, Materialmen, and Contractors Lien Law, DC ST § 40-301.01 et. seq. The full text of the relevant statutes is provided below. Updated as of May 2023.
§ 40-301.01. Mechanic's lien
Every building erected, improved, added to, or repaired at the direction of the owner, or the owner’s authorized agent, and the land on which the same is erected, intended to be used in connection therewith, or necessary to the use and enjoyment thereof, to the extent of the right, title, and interest, at that time existing, of the owner, shall be subject to a lien in favor of the contractor who contracted with the owner, in the amount of the contract price or, in the absence of an express contract, the reasonable value of the project; provided, that to enforce the lien, the contractor claiming the lien shall record in the land records a notice of intent and comply with the other procedures prescribed in this chapter.
§ 40-301.02. Notice
(1) A contractor desiring to enforce the lien shall record in the land records a notice of intent that identifies the property subject to the lien and states the amount due or to become due to the contractor. The notice of intent shall be recorded during the construction or within 90 days after the earlier of the completion or termination of the project. If the notice of intent is not recorded in the land records during the construction or within 90 days after the earlier of the completion or termination of the project, the contractor’s lien shall terminate upon the expiration of the 90-day period. A notice of intent that does not comply with subsection (b) of this section shall be void.
(2) Any contractor who records timely a notice of intent in accordance with subsection (a)(1) of this section, shall send to the owner, by certified mail to the current address (or if not available in the local public records, the last known address) of the owner, a copy of the notice of intent within 5 business days after the date of its recordation in the land records. If the certified mail is returned to the contractor unclaimed or undelivered, the contractor shall post a copy of the recorded notice of intent at or on the affected real property in a location generally visible from some entry point to the real property.
(b) The notice of intent shall include the following:
(1) The name and address of the contractor or the contractor’s registered agent;
(2) The name and address of the owner or the owner’s registered agent;
(3) The name of the party against whose interest a lien is claimed and the amount claimed, less any credit for payments received up to and including the date of the notice of intent;
(4) A description of the work done, including the dates that work was commenced and completed;
(5) A description of the material furnished, including the dates that material was first and last delivered;
(6) A legal description and, to the extent available, a street address of the real property;
(A) To the extent available under applicable law, if the contractor is an entity organized under the laws of the District of Columbia or is doing business in the District of Columbia within the meaning of applicable District law:
(i) A copy of the contractor’s current license to do business in the District issued by the Department of Consumer and Regulatory Affairs; and
(ii) A certificate of good standing from the Department of Consumer and Regulatory Affairs issued within 180 days prior to the date of the filing of the notice of intent; or
(B) To the extent available under applicable law, if the contractor is an individual or an entity organized under laws other than those of the District of Columbia, and is not doing business in the District of Columbia within the meaning of applicable District laws but is required to be licensed by a governmental entity:
(i) A copy of the contractor’s current license to do business issued by the government of the other jurisdiction; and
(ii) A certificate evidencing the contractor’s good standing in its place of business or state of incorporation issued by the other jurisdiction;
(8) If the project is provided under a home improvement contract, a copy of the home improvement contract; and
(A) A sworn, notarized statement affirming under penalty of perjury and upon personal knowledge that:
(i) The contents of the notice of intent are true and correct to the best of the contractor’s information and belief; and
(ii) The contractor has a right to recover the amount claimed.
(B) If a notice of intent is executed by an authorized representative or counsel of the contractor, he or she shall attach evidence of his or her authority to execute the notice of intent on behalf the contractor and shall affirm that the notice of intent is true and correct to the best of the affiant’s knowledge and belief.
§ 40-301.03. Definitions
For the purposes of this chapter, the term:
(1) “Home improvement” means the repair, remodeling, alteration, conversion, or modernization of, or addition to, residential real property.
(2) “Home improvement contract” means any written agreement, in a form that has been approved by the Department of Consumer and Regulatory Affairs, entered into between the same contractor and the same homeowner within any 12-month period for home improvement for a specific price. For the purposes of this section, the contract price for a home improvement contract shall be the contract price for all contracts during any 12-month period with respect to a home improvement.
(3) “Land records” means the property records maintained by the Office of the Recorder of Deeds of the District of Columbia.
(4) “Notice amount” means a written notice of amounts due to a contractor, subcontractor, materialman, or supplier for a project.
(5) “Notice of intent” means a notice of intention to enforce a lien against the owner’s property for a project.
(6) “Owner” means an owner either in fee simple or a lesser estate, a lessee, or a prospective purchaser in possession under a contract of sale authorized to contract for a project.
(7) “Project” means any work or materials provided by a contractor for the erection, construction, improvement, repair of, or addition to any real property in the District of Columbia at the direction of an owner, or an owner’s authorized agent, or the placing of any engine, machinery, or other thing therein or in connection therewith so as to become a fixture, though capable of being detached.
§ 40-303.01. Subcontractor's lien - generally
Any person directly employed by a contractor described by § 40-301.01 (any such contractor also referred to herein as original contractor), whether the person is a subcontractor, materialman, or laborer, to furnish work or materials for the completion of the project, shall be entitled to the same rights and subject to the same obligations as the original contractor under this chapter, subject to the conditions and limitations set forth in this chapter.
§ 40-303.02. Conditions and limitations
(a) A lien in favor of parties so employed by the original contractor shall be subject to the terms and conditions of the contract, if any, between the owner and the original contractor except any terms and conditions therein that relate to the original contractor’s right to waive liens on behalf of the parties employed. The lien of the parties shall be limited to the amount due, or to become due, but unpaid to the original contractor and shall be satisfied, in whole or in part, out of that amount only. If the original contractor, by reason of any breach by the original contractor of his, her, or its agreement with the owner, shall be entitled to recover less than the amount agreed upon between them, the liens of the parties employed by the original contractor shall be enforceable only to the extent of the reduced amount.
(b) If the owner, in good faith, has paid the original contractor in full for the project of the original contract (and the amount of the payment is not disputed by the original contractor), the parties employed by the original contractor shall not be entitled to a lien on the owner’s real property to recover any amounts due and owing for their work or materials provided for the erection, construction, improvement, repair of, or addition to the real property; provided, that if a subcontractor, materialman, or supplier notifies the owner in writing of amounts due to the subcontractor, materialman, or supplier (“notice amount”) while the owner has a balance due and owing or to become due and owing to the original contractor that is not less than the notice amount, the notice of the notice amount shall be prima facie evidence that any payment thereafter by the owner to the original contractor was not made in good faith. Any provision in a contract, purchase order, or similar document that prohibits a subcontractor, materialman, or supplier from contacting or communicating with an owner shall be void to the extent it prevents compliance with the notice requirements of this subsection.
§ 40-303.03. Notice to owner
The said subcontractor or other person employed by the contractor as aforesaid, besides filing a notice with the Recorder of Deeds of the District of Columbia as aforesaid, shall serve the same upon the owner of the property upon which the lien is claimed, by leaving a copy thereof with said owner or his agent, if said owner or agent be a resident of the District, or if neither can be found, by posting the same on the premises; and on his failure to do so, or until he shall do so, the said owner may make payments to his contractor according to the terms of his contract, and to the extent of such payments the lien of the principal contractor shall be discharged and the amount for which the property shall be chargeable in favor of the parties so employed by him reduced.
§ 40-303.04. Owner's duty
After notice shall be filed by said party employed under the original contractor and a copy thereof served upon the owner or his agent as aforesaid, the owner shall be bound to retain out of any subsequent payments becoming due to the contractor a sufficient amount to satisfy any indebtedness due from said contractor to the said subcontractor, or other person so employed by him, secured by lien as aforesaid, otherwise the said party shall be entitled to enforce his lien to the extent of the amount so accruing to the principal contractor.
§ 40-303.05. Subcontractor entitled to know terms of contract
Any subcontractor or other person employed by the contractor as aforesaid shall be entitled to demand of the owner or his authorized agent a statement of the terms under which the work contracted for is being done and the amount due or to become due to the contractor executing the same, and if the owner or his agent shall fail or refuse to give the said information, or willfully state falsely the terms of the contract or the amounts due or unpaid thereunder, the said property shall be liable to the lien of the said party demanding said information, in the same manner as if no payments had been made to the contractor before notice served on the owner as aforesaid.
§ 40-303.06. Advance payments
If the owner, for the purpose of avoiding the provisions hereof, and defeating the lien of the subcontractor or other person employed by the contractor, as aforesaid, shall make payments to the contractor in advance of the time agreed upon therefor in the contract, and the amount still due or to become due to the contractor shall be insufficient to satisfy the liens of the subcontractors or others so employed by the contractor, the property shall remain subject to said liens in the same manner as if such payments had not been made.
§ 40-303.07. Priority of lien
The lien hereby given shall be preferred to all judgments, mortgages, deeds of trusts, liens, and incumbrances which attach upon the building or ground affected by said lien subsequently to the commencement of the work upon the building, as well as to conveyances executed, but not recorded, before that time, to which recording is necessary, as to third persons; except that nothing herein shall affect the priority of a mortgage or deed of trust given to secure the purchase money for the land, if the same be recorded within 10 days from the date of the acknowledgment thereof. When a mortgage or deed of trust of real estate securing advances thereafter to be made for the purpose of erecting buildings and improvements thereon is given, or when an owner of lands contracts with a builder for the sale of lots and the erection of buildings thereon, and agrees to advance moneys toward the erection of such buildings, the lien hereinbefore authorized shall have priority to all advances made after the filing of said notices of lien, and the lien shall attach to the right, title, and interest of the owner in said building and land to the extent of all advances which shall have become due after the filing of such notice of such lien, and shall also attach to and be a lien on the right, title, and interest of the person so agreeing to purchase said land at the time of the filing of said notices of lien. When a building shall be erected or repaired by a lessee or tenant for life or years, or a person having an equitable estate or interest in such building or land on which it stands, the lien created by this chapter shall only extend to and cover the interest or estate of such lessee, tenant, or equitable owners.
§ 40-303.08. How lien enforced
The proceeding to enforce the lien hereby given shall be a bill in equity, which shall contain a brief statement of the contract on which the claim is founded, the amount due thereon, the time when the notice was filed with the Recorder of Deeds, and a copy thereof served on the owner or his agent, if so served, and the time when the building or the work thereon was completed, with a description of the premises and other material facts; and shall pray that the owner’s interest in the premises be sold and the proceeds of sale applied to the satisfaction of the lien. If such suit be brought by any person entitled, other than the principal contractor, the latter shall be made a party defendant, as well as all other persons who may have filed notices of liens, as aforesaid. All or any number of persons having liens on the same property may join in one suit, their respective claims being distinctly stated in separate paragraphs; and if several suits are brought by different claimants and are pending at the same time, the court may order them to be consolidated.
§ 40-303.09. Decree of sale
If the right of the complainant, or of any of the parties to the suit, to the lien herein provided for shall be established, the court shall decree a sale of the land and premises or the estate and interest therein of the person who, as owner, contracted for the erection, repair, improvement of, or addition to the building, as aforesaid.
§ 40-303.10. Subcontractor preferred to contractor
If the original contractor and the persons contracting or employed under him shall both have filed notices of liens, as aforesaid, the latter shall first be satisfied out of the proceeds of sale before the original contractor, but not in excess of the amount due him, and the balance, if any, of said amount shall be paid to him.
§ 40-303.11. Distribution of sale proceeds
If one, or some only, of the persons employed under the original contractor shall have served notice on the owner, as aforesaid, before payments made by him to the original contractor, said party or parties shall be entitled to priority of satisfaction out of said proceeds to the amount of such payments; but, subject to this provision, if the proceeds of sale, after paying there out the costs of the suit, shall be insufficient to satisfy the liens of said parties employed under the original contractor the said proceeds shall be distributed ratably among them to the extent of the payments accruing to the original contractor subsequently to the service of notice on the owner by said parties, as aforesaid.
§ 40-303.12. Several buildings
In case of labor done or materials furnished for the erection or repair of 2 or more buildings joined together and owned by the same person or persons, it shall not be necessary to determine the amount of work done or materials furnished for each separate building, but only the aggregate amount upon all the buildings so joined, and the decree may be for the sale of all the buildings and the land on which they are erected as one building, or they may be sold separately if it shall seem best to the court.
§ 40-303.13. When suit to be commenced
(1) Any person with a lien and who has recorded a valid notice of intent shall only enforce the lien by:
(A) Filing suit under § 40-303.08 to enforce the lien at anytime within 180 days after the date that the notice of intent is recorded in the land records; and
(B) Recording, within 10 days of filing suit, a notice of pendency of action in accordance with § 42-1207(b) in the land records.
(2) Failure to file suit within the 180-day period or to file timely a notice of pendency of action shall terminate the lien.
§ 40-303.14. Extent of land bound by lien
If there be any contest as to the dimensions of the land claimed to be subjected to the lien aforesaid, the court shall determine the same upon the evidence and describe the same in the decree of sale.
§ 40-303.15. Entry of satisfaction
Whenever any person having a lien by virtue hereof shall have received satisfaction of his claim and cost, he shall, on the demand, and at the cost of the person interested, enter said claim satisfied, in the clerk’s office aforesaid, and on his failure or refusal so to do he shall forfeit $50 to the party aggrieved, and all damages that the latter may have sustained by reason of such failure or refusal.
§ 40-303.16. Payment into court and release
(a) In any suit to enforce a lien under this chapter, the owner of the building and premises to which the lien may have attached may be allowed to either:
(1) Pay into court the amount claimed by the lienor, and such additional amount, to cover interest and costs, as the court may direct; or
(2) File a written undertaking, with one or more sureties, to be approved by the court, to the effect that he or she and they will pay the judgment that may be recovered, which may include interest and costs; provided, that:
(A) Where the surety is to be provided by bond, only one bond shall be required; and
(B) The judgment shall be rendered against all the persons so undertaking.
(b) On the payment of the money into court, or the approval of the undertaking pursuant to subsection (a)(2) of this section, the property shall be released from the lien, and any money so paid in shall be subject to the final decree of the court.
(1) No undertaking pursuant to subsection (a)(2) of this section shall be approved by the court until the complainant shall have had at least 5 days notice of the defendant’s intention to apply to the court for the approval, which notice shall give the name and residence of the person to be offered as surety, or persons if the court determines more than a single surety is required, and the time when the motion for the approval will be made.
(2) Any surety shall make oath, if required, that he or she is worth, over and above all debts and liabilities, double the amount of the lien.
(3) The complainant may appear and object to the approval.
§ 40-303.16a. Effect of failure to file notice. [Repealed]
§ 40-303.17. Undertaking to discharge liens before suit
Such an undertaking as above mentioned may be offered before any suit brought in order to discharge the property from existing liens, in which case notice shall be given as aforesaid to the parties whose liens it is sought to have discharged, and the same proceedings shall be had as above directed in relation to the undertaking to be given after the commencement of the suit, and said undertaking shall be to the effect that the owner and his said sureties will pay any judgment that may be rendered in any suit that may thereafter be brought for the enforcement of said lien.
§ 40-303.18. Decree against sureties
If such undertaking be approved before any suit brought, such suit shall be a suit in equity against the owner, to which the sureties may be made parties; if the undertaking be approved after suit brought, the said sureties shall ipso facto become parties to the suit, and in either case the decree of the court shall be against the sureties as well as the owner.
§ 40-303.19. No action by subcontractor against owner
No subcontractor, materialman, or workman employed under the original contractor shall be entitled to a personal judgment or decree against the owner of the premises for the amount due to him from said original contractor, except upon a special promise of such owner, in writing, for a sufficient consideration, to be answerable for the same.
§ 40-303.20. Judgment for deficiency upon sale
In any suit brought to enforce a lien by virtue of the provisions aforesaid, if the proceeds of the property affected thereby shall be insufficient to satisfy such lien, a personal judgment for the deficiency may be given in favor of the lien or against the owner of the premises or the original contractor, as the case may be, whichever contracted with him for the labor or materials furnished by him, provided such person be a party to the suit and shall have been personally served with process therein.