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Can a unlicensed contractor file a mechanics lien against a homeowner in Maryland?

Can a unlicensed contractor file a mechanics lien against a homeowner?

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Nov 21, 2019

The contractor breeches. The contractor by not completing the bedroom and abandoned the job. He requested more money and I said no

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May 5, 2020

While it is not found anywhere in the Maryland Mechanic's Lien Law, binding precedent from Maryland's highest court has long established that if a contractor has flouted the law of the State by not obtaining a license from the Maryland Home Improvement Commission, that contractor cannot later reap the benefit from a different Maryland law in the mechanic's lien statute. So the short answer is no, a contractor requiring a license to perform residential construction or repair work who is not so licensed cannot prevail in a mechanic's lien action. Note that as of about five years ago, subcontractors working under a licensed MHIC contractor do not have to be independently licensed by MHIC, so those subcontractors would be able to successfully prosecute a mechanic's lien, assuming the homeowner did not already pay the gc.

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Sep 28, 2021

What if the contractor is performing work obo the owner of a rental property and does not have to have a MHIC license?

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Oct 18, 2021

Amy, your question depends on several factors, but please understand that being a rental property alone does not insulate from the MHIC licensing requirements. You are welcome to contact me privately to more fully discuss. I can be reached through Levelset.

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