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can i file a lien?

I'm a subcontractor in Maryland performed a job on a house and contractor doesn't return my calls or has paid me.

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Feb 17, 2020

In Virginia, like other states, has very specific requirements that must be met in order to claim a valid and enforceable mechanics lien. These requirements include potential preliminary notice requirements, as well as timing and form requirements for the lien itself. In Virginia, subcontractors must send preliminary notice when performing work on a residential project and the owner has appointed and identified a "mechanics lien agent." When those things are true, the subcontractor must provide a notice to mechanics lien agent within 30 days of the date on which the lien claimant first furnished labor and/or materials to the project, or within 30 days of the date on which the building permit was issued. The notice can be given later, but is only effective to protect labor or material furnished after the date the notice was given. There are also timing and form rules related to the mechanics lien itself. Subcontractors on Virginia projects must file their lien claim within 90 days from last day of the month which labor or materials furnished, and within 90 days from time the work is completed. The lien must also include specific information which is set forth by Virginia's Mechanics' and Materialmens' Lien Law § 43-10. Filing a lien can be made easy by filing electronically through the use of software. Or, a claimant can use the services of an attorney, or filling out a lien by hand and sending to the proper county for recording.

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Feb 17, 2020

thank you for your quick response. The job we performed s in Maryland, sorry.

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Feb 18, 2020

Maryland, unlike Virginia, does specifically require notice to be sent prior to filing a valid and enforceable mechanics lien. However, unlike states in which the preliminary notice must be sent at the beginning of the project to fully protect the participant, Maryland allows the notice to be sent within 120 days after the last date the claimant furnished labor or materials to the project. There is an additional timing requirement for projects on single family residences, however. In addition to being provided within the 120-day period from last furnishing, the claimant must provide the notice prior to the owner making full payment to the GC. Liens on single family residences in Maryland are limited to the amount remaining due to the GC from the owner at the time the owner receives the "preliminary" notice. Maryland is different than most states in that a court action is initiated at the same time as the lien filing. To establish the lien, an action must be filed with the court in the county where the property is located within 180 days from last furnishing labor or materials to the project, and be served on all interested parties.

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