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Can I file the lien now or do I need to send a preliminary notice first

Anonymous Subcontractor

We are due our last payment and we are not getting answers. We want to place a lien to protect our claim should the mall file for bankrupsy

6 replies

Alex Benarroche

Construction Lawyer

Levelset Admin at Levelset

| 335 reviews

Jun 10, 2020

The notice requirements for Maryland mechanics liens differ depending on the claimant's role. Anyone who didn't contract directly with the property owner is required to send notice within 120 days from last furnishing labor or materials to the project. This should be sent to all property owners by registered or certified mail, with return receipt requested. Failure to send this notice is fatal to your lien rights. Also, be sure to keep an eye on your lien filing deadline, which is 180 days from the last date of furnishing. Sending notice will not affect or extend this deadline, so leave yourself ample time. For more, see: How to File a Maryland Mechanics Lien

NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such.
Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.See More...See More...

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Anonymous Subcontractor

Question Author

Jun 10, 2020

so how do I go about this using Lever set

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Anonymous Subcontractor

Question Author

Jun 10, 2020

levelset

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Alex Benarroche

Construction Lawyer

Levelset Admin at Levelset

| 335 reviews

Jun 10, 2020

There are a few different options: If you don't have an account with Levelset, you can either:

Create a Maryland Notice of Intent to Lien document here; or
Download a free MD Notice of Intent to Lien template and send it yourself.

If you are a current user, you can log into your account and select the relevant project; there you should be able to create the Notice of Intent under the "Not Getting Paid? Take Action!" tab.

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Joseph Katz

Construction Lawyer

Legal Guard Lawyer

Principal Attorney at Katz Law

| 30 reviews

Jun 11, 2020

Typical a notice of intention to lien must be issued to the owner of the real property (or tenant if the property is leased) within 120 days of last furnishing labor or materials. It is usually advisable for an experienced construction attorney to at least review the facts at issue to ensure compliance with the Lien Law. I can be reached through my Levelset profile for any additional questions.

Disclaimer: This communication does not constitute legal advice, is not an engagement for the provision of legal services, is not a consultation, and does not
form an attorney-client relationship between Katz Law, LLC and yourself or any other person or entity. In all cases, any particular outcome or resSee More...See More...

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Kate Lawrence

Construction Lawyer

Partner at Lawrence Law, Llc

| 0 reviews

Jun 11, 2020

If the contractor is working direct with the property owner, no notice is necessary.

If the contractor is a subcontractor working through a prime contractor who is working with the owner, then yes a notice is necessary.

The notice, if necessary, must be sent within 120 days of your last day of work.

The lawsuit requesting the lien must be filed within 180 days of your last day of work.

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Other questions about Preliminary Notice in Maryland

Does Maryland's Preliminary Notice just provide notice of the parties or are you actually noticing a past due claim?

2 answers

Can a mechanic's lien be filed against a property that has been sold to a new owner?

1 answer