Menu
Home>Levelset Community>Legal Help>Can I file a mechanics lien?

Can I file a mechanics lien?

MarylandCollectionsMechanics Lien
Anonymous Subcontractor

My Virginia based company provided low voltage cabling and equipment installation to a restaurant in Baltimore. Can I place a mechanics lien on the restaurant since they have not paid our invoice in full? The balance is over 4 months past due.

4 replies

Senior VP & General Counsel at Harkins Builders, Inc.
| 9 reviews
Nov 11, 2022

Is your company authorized to do business in Maryland and does it have either an electrical contractor's license or an electrical restricted low voltage license issued by the jurisdiction where the work was performed? In MD, a petition to establish a lien must be filed within 180 days of last work (better to count from completion of original work vs punchlist). That will require you to hire a lawyer to prepared and file the petition, and then to conduct the petition hearing if the other side does not consent to establishment of the lien. Once the lien is established, then the proceedings move on in much the same manner as a breach of contract case. My suggestion is that you consult a construction attorney in Baltimore to understand the procedures, risks, and costs. There may be other avenues of relief, such as Maryland's prompt payment statute, etc. See MD Real Property Code 9-302 and 9-303. 

0 people found this helpful
Helpful

I agree with the other answer. You also want to be sure you aren't a subcontractor in a situation where the prime contractor has already been paid out. This could hurt your prospects of securing a mechanic's lien against the owner.

The information presented here is not legal advice. Nothing here should be construed to create an attorney-client relationship. Do not take any actions based
on this information without first consulting an attorney versed in the appropriate field and jurisdiction.See More...
See More...
0 people found this helpful
Helpful
Associate at Evans Law
| 0 reviews
Nov 11, 2022
Good morning. Our firm would be happy to consult on this topic. We handle many forms of construction disputes. You can schedule a consult using this link:: evanslaw.link/consult.
The above statements are solely my legal opinions. They are not law and are solely assembled, to the best of my abilities, to provide you with an initial
assessment of your matter. Our firm and I make no warranties regarding the contents.See More...
See More...
0 people found this helpful
Helpful
President at Rauch-Milliken International
| 29 reviews
Nov 14, 2022
Why not just let a certified commercial collection agency licensed and bonded in MD collect the debt on a contingency bases and depending on your contract the cost could be added to the collection. Best regards getting paid.
0 people found this helpful
Helpful