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Guide to the Washington DC Contractor License & Home Improvement License

Our nation’s capital is a unique place when it comes to construction. First, most contracting businesses working within DC are actually from the neighboring states, not DC itself. Second, the rules and regulations that exist are very different from those states, so it can seem like an intimidating territory for expansion. For example, getting a DC contractor license or DC home improvement license each has unique requirements.

But if you’re starting a business or trying to expand into DC, you’ve already got a lot on your plate. The last thing you need is to scour the internet looking for critical, need-to-know information. This guide will help you understand the requirements, identify which ones apply to you, and how to go about getting a DC contractor license.

Contracting in Maryland, Virginia, or another state outside Washington DC? Check out The Ultimate Guide to Contractors License Requirements in Every State to find all the licensing information you need.

Who needs a contractor license in DC?

If you’re wondering if you need a contractor license to work in DC, there’s a simple, straightforward answer: Definitely. Washington DC requires all contractors that work in the district to carry a license. This includes general contractors, home improvement contractors, and specialty contractors.

DC contractor license requirements state that “any person who, for a fee, is contracted to do construction on real property owned, controlled, or leased by another person of commercial, industrial, institutional, governmental, residential, or accessory use building or structures” needs a license.

Also, general contracting includes heavy construction, land development, and the construction of new buildings. Contractors falling under this category require a Basic Business License for General Contractor/Construction Manager License

And, unlike most US states, this designation includes repair, remodeling, improvements, or demolition of buildings or structures

There is also a license specifically for those working solely on residential properties, known as Home Improvement Contractors. It requires a different license known as a Basic Business License for Home Improvement Salesperson.

To be clear, both of these license types include contractors and sub-trades like:

  • Roofing
  • Rough carpentry
  • Flooring
  • Sheetrock
  • Finish carpentry
  • Electrical (requires an additional license)
  • Plumbing (requires an additional license)
  • HVAC (requires an additional license)
  • And basically every other trade involved in the construction industry

Do you need a license to file a mechanics lien in DC?

Washington, DC, holds the contractor licensing reins tightly, and it has some very strict laws around licensing and mechanics liens. For example, unlicensed contractors do not have a right to a mechanics lien. And it doesn’t stop there.

Lien claimants with business structures organized under DC laws or working in DC must provide a copy of their current license to file a lien. Also, they must provide a certificate of good standing from the Department of Consumer and Regulatory Affairs issued within 180 days prior to the filing date.

And here’s the kicker: Those are the laws under the statutes regulating lien rights, but the Recorder’s Office has been known to impose additional licensing “rules” that might not be so clearly written in the statutes.

So, if you want to file a mechanics lien in DC, licensing is absolutely required — and could just be the tip of the requirement iceberg.

Washington, DC Mechanics Lien Rules, Requirements + Free Forms

How to get a DC contractor license

Knowing whether or not you need a license is the easy part. How to go about getting that license can prove to be a challenge.

Let’s take a look at these licenses on a case-by-case basis to determine which one (or ones) you might need and how to get one issued to your business.

Basic Business Licenses for General Contractors

Not only do contractors in DC need contractor licenses, but they also need to register their businesses with the Department of Regulatory Affairs. There are two types of licenses, and DC refers to them as “Basic Business Licenses.” Neither type requires a written examination.

The requirements for the Basic Business License for General Contractors/Construction Managers are:

Getting a DC Home Improvement License

The requirements for DC Home Improvement License vary in that they must provide a Basic Business License for at least one Home Improvement Salesperson. Those requirements are:

  • Apply using this portal
  • Three digital passport photographs
  • An affidavit sworn to before a notary public
  • A Home Improvement Salesperson Designation Letter
  • Copy of driver’s license
  • Submit a Police History Report
  • Pay a $154 fee

DC electrical contractors license

In addition to either a General Contractor/Construction Manager or Home Improvement Contractor License, electrical contractors operating within DC must also hold a contractor’s license issued by the Department of Regulatory Affairs Board of Industrial Trades. The requirements themselves aren’t unreasonable, though there are quite a few to meet. This breakdown of electrical licensing includes all of the statutes, but the basics include:

  • Fill out this application indicating that you’re applying for an “Electrician Contractor” license
  • Applicant must hold or employ someone who holds a master-level electrical license
  • Hold a separate business license for each location

Upon the application’s approval, would-be electrical contractors will have to take an examination in order to receive their license. 

DC plumbing contractors licenses

Plumbing contractors also have to carry a few licenses to contract in DC.

First, they must carry either a General Contractor/Construction Manager License or Home Improvement Contractor License. Then, to perform plumbing work, they must carry a plumbing contractor license issued by the Board of Industrial Trades. The requirements are:

  • Fill out this application indicating you’re applying as a “Plumber Contractor”
  • Applicant must hold or employ someone who holds a master-level plumbing license

Plumbing contractors will have to take and pass an examination in order to receive their license. 

DC HVAC contractors licenses

HVAC companies must carry Refrigeration and Air Conditioning Contractor licenses issued by the Board of Industrial Trades in addition to the standard GC/Home Improvement Contractor licenses. Full details of this license class are available here, broken down by section. However, the main requirements for the contractor’s license are:

  • Fill out this application, indicating that you’re applying for a Refrig/Air Cond Contractor license
  • Applicant must be or employ someone who is a master-level “Refrigeration and Air Contractor” license

HVAC contractors will have to take and pass an examination in order to receive their contractor license.

Penalties for unlicensed contractors in DC

There are a lot of hoops to jump through in order to obtain a DC contractor license, and it might seem like an unnecessary headache. However, the District of Columbia takes its contractor licensing requirements very seriously.

According to the Department of Regulatory Affairs, failure to carry the appropriate contractor license in DC is a “Class 1 Infraction.”

A Class 1 infraction carries a minimum penalty of $2,000 for the first offense. If a licensed contractor hires an unlicensed subcontractor, both the licensed contractor and sub are guilty of this Class 1 Infraction, and both will receive the fines.

Also, don’t minimize the importance of lien rights. Remember, unlicensed contractors working in DC have no right to a mechanics lien.

This means that even if they deliver a project perfectly to contract, the project owner could choose not to pay them without worrying about the recourse of a lien. There could be other ways to pursue their money, but these other methods are much slower and more expensive for contractors.

Protecting your payments in DC

If the rules and regulations surrounding DC contractor licenses have you thinking the construction industry is a different world in Washington, that’s not entirely true. While DC contractors have to meet some unique requirements, they face the same challenges as construction companies across the country. And protecting their payments by knowing their lien rights is just as important in The Capital as anywhere else.

For instance, GCs, subs, and suppliers should understand that they do not have to send a preliminary notice on projects in DC to preserve their lien rights. But that doesn’t mean they shouldn’t; these documents serve as friendly introductions between the contractor and the project owner or GC (who may not know the contractor even exists up to that point). They also outline lien rights, explaining that the contractor is a professional outfit and expects payment for its involvement.

Also, meeting the deadlines surrounding mechanics lien in Washington, DC, is critical to preserving lien rights. The deadline for actually filing a DC mechanics lien is 90 days for all contract participants, and the window starts from the completion or termination of the project (whichever occurs first). 

The deadline for enforcing a lien is quite short compared to most of the nation. DC contractors have up to 180 days to enforce their liens. And, within 10 days of actually filing the suit to enforce the lien, a notice of Pendency of Action must be recorded. Neither of these deadlines can be extended, so if you miss them, you could miss your chance at recovering money owed to you.


Best of 2020: Top Construction Lawyers in Washington DC & NOVA 

Given its seat as our political capital, it’s no surprise that the Washington D.C. metro area has a wealth of lawyers. It could be exhausting for contractors to sift through them all looking for one that specializes in construction. Construction lawyers can play a key role on construction projects, from reviewing construction contracts to enforcing a mechanics lien claim. To make it easier on contractors, we’ve listed the top construction lawyers in Washington D.C. and northern Virginia.

Construction lawyers in DC understand the industry and region

Once you step back and see just how many subs and suppliers from various industries it takes to complete one project, you’ll see why construction lawyers are so pivotal. But construction law is just as complex as a construction project. For example, lawyers can handle a contractor’s payment disputes, foreclosures, contracts, litigation, and more.

In particular, Virginia has construction payment problems that are exacerbated by the complexity of laws. For example, Virginia has one of the most powerful mechanics liens in the country, which means there are many strict requirements that must be met in order to secure your lien rights. Thankfully, construction lawyers can also assist contractors when they need to:

Learn more about construction law, including what subs, suppliers, and GCs must know.

The List: Construction Lawyers in DC & Northern VA

These lawyers were selected based on the following criteria:

Chris Hill - Construction LawyerChristopher Hill

Christopher Hill started his own construction law firm in 2010 after 13 years of serving general contractors, subcontractors, design professionals, and suppliers at the Virginia Attorney General’s Office and with two other private firms. Christopher is based in Richmond, VA and is a Virginia Supreme Court certified General District Court mediator. He practices risk management for construction professionals, litigation, mechanics liens, payment and performance bond claims, construction contract review, and more. Christopher attended Washington University in St. Louis School of Law and graduated in 1997.

Super Lawyers in Construction Litigation have nominated Christopher since 2017. He was named by Expertise.com in 2020 as one of the top 14 arbitrators and mediators in Richmond. Christopher’s firm is a member of the Associated General Contractors of Virginia. He also publishes the Construction Law Musings blog covering the construction dispute process.

Here are several questions Christopher has answered, and articles he’s published on Levelset:

Lauren McLaughlin - Construction LawyerLauren McLaughlin

Lauren McLaughlin has been representing GC’s, subs, developers, and owners for over 20 years. She is currently a partner at Smith Currie, which has serviced the construction industry since 1965. Before she joined Smith Currie, Lauren was a founding partner at BrigliaMcLaughlin, PLLC, which exclusively focused on the construction industry and surety clients.

Over the course of Lauren’s career at Smith Currie, she has counseled contractors on project risk management and litigation avoidance. She’s worked on several diverse projects, such as a government facility, two federal prison complexes, central utility plants, an urban housing and development program, and more.

She’s also been selected to Super Lawyers for D.C. and Virginia and has chaired the Construction Law and Public Contracts Section of the Virginia Bar Association. Lauren graduated magna cum laude from Trinity University and obtained her juris doctorate with honors from Catholic University Columbus School of Law.

Tim Hughes - Construction LawyerTimothy R. Hughes

Timothy R. Hughes is a shareholder of Bean, Kinney & Korman, representing contractors in construction and commercial litigation. Timothy has over 20 years of practicing as a construction and litigation attorney. His experience includes representing payment bond claimants, commercial leases, owner and contractor construction contracts, and more. Timothy has worked directly with GC’s, subs, property owners, and developers.

Some of Timothy’s honors include being named to Arlington Magazine’s Top Attorney’s list for construction and to the Virginia Super Lawyers in Construction Litigation list. In 2006, Timothy helped subcontractor Casey Industrial resolve a payment bond case that resulted in two national first impression decisions on AIA bond claims.

Additionally, Tim is a LEED Accredited Professional and understands how the law relates to sustainable design and construction.

Christopher Burke - Construction LawyerChristopher Burke

Christopher Burke has over 15 years of experience litigating construction disputes. He is a partner with Varela, Lee, Metz & Guarino, which represents clients across the construction industry. VLMG has been representing subs, GC’s, project owners, developers, and design professionals since 2014. Over the years, Christopher has worked with contractors to resolve issues directly at the project level.

Not only does Christopher have Bar Admissions in Virginia and the District of Columbia, but also in New York. Christopher represents subs, GC’s, project managers, and owners from claim preservation through trial. He graduated cum laude from Yale University and also from the University of Virginia School of Law.

Some of his awards and rankings include:

Raziye Andican - Construction LawyerRaziye Andican

Raziye Andican is an associate of Smith Currie in Tysons, Virginia. She previously worked under Lauren McLaughlin at BrigliaMcLaughlin. Raziye’s practice deals with construction litigation, such as filing and enforcing mechanics liens. She also has experience representing GC’s, project owners, and suppliers in various construction disputes.

Razyie has several professional affiliations, including membership to the American Subcontractors Association of Metro Washington. In October of 2019, Razyie presented on mechanics liens at the National Business Institute’s “Construction Law From Start to Finish” seminar in Fairfax, VA. She attended the College of New Jersey and earned her B.A., cum laude. At the American University Washington College of Law, Razyie also attained her juris doctorate

Her construction litigation experience stretches to both the state and federal courts of Virginia, while also serving as the first and second chairs at state court trials.

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Stephen B. Shapiro

Stephen B. Shapiro has focused his legal career around domestic and international construction, public contracts, commercial litigation and public-private partnerships. He is a partner with Holland & Knight in Washington D.C. and is their Construction Industry Practice group leader.

In 2020, Shapiro was named by Best Lawyers as the Lawyer of the Year for construction litigation in Washington D.C. Since representing contractors and property owners, Shapiro has gained experience and knowledge in commercial and industrial construction. He is also a fellow of the Construction Lawyers Society of America and a member of the board of directors of the Associated General Contractors of Metropolitan Washington, D.C.

Shapiro earned his B.A. degree from the University of Maryland and also attended The George Washington University Law School for his juris doctorate. Aside from Washington D.C. and Virginia, Shapiro also holds a Bar Admission in New York.

Jesse S. Keene

Jesse S. Keene is a member of Cozen O’Connor, which earned a spot on Law360’s 2019 Construction Groups of the Year. Keene has been practicing construction law for over a dozen years, and has represented the entire breadth of the construction industry in every phase of a project. He’s also an experienced litigator that was named as Super Lawyers’ Rising Star in Washington, D.C. for Construction Law.

Keene received his B.A. from Washington State University and his juris doctorate from Gonzaga University School of Law. He is a member of several construction law organizations with the American Bar Association’s Forum on the Construction Industry and the Washington Building Congress. Keene also co-author of the 2016 through 2019 editions of the Virginia Practice Guide Construction Volume.

Peter Antonoplos

Peter Antonoplos not only practices construction law, but also business law, estimate planning, and real estate law. He is the founder of Antonoplos & Associates and has represented members of the construction industry for nearly two decades. As a construction lawyer in DC, Peter can assist contractors with mechanics liens, payment bond claims, and construction contract drafting.

Peter has been named one of America’s Top 100 Attorneys and is a Avvo 10.0 Top Rated Construction Attorney. He earned his M.B.A. from Yale University, School of Management and his juris doctorate from Catholic University, Columbus School of Law. Peter has periodically represented residential homeowners against house flippers in construction defect litigation.

Peter’s law firm also represents contractors through litigation and alternative dispute resolution proceedings, such as:

  • Construction litigation
  • Commercial construction projects and development
  • Subcontractor lawsuits against GCs
  • Construction defect claims
  • Contractor licensing issues

Charles Asmar

Charles Asmar works exclusively in construction, government contracts, and real estate transactional law. He is a partner at Asmar, Schor & McKenna and received his law degree from the Columbus School of Law, the Catholic University of America. Asmar advises contractors on the advantages and risks for construction management and design build. His practice also specializes in mechanics liens, bond claims and defenses, and government contracts.

The Asmar, Schor & McKenna law firm has worked with many complex construction projects, such as condominiums, office buildings, hospitals, water treatment facilities, airports, embassies, large-scale residential buildings, highway systems, and more. Charles is also a member of the Board of Directors for the District of Columbia Building Industry Association.

Charles has been recognized by a number of organizations, including:

Douglas L. Patin

Douglas L. Patin is a partner at Bradley, which represents clients in all sectors of the construction industry. Douglas has represented some of the largest federal GC’s and subs in the country. In 2017, Patin successfully represented Turner Construction Company before the Civilian Board of Contract Appeals. Patin’s work led the board to awarard Turner Construction a $6M settlement plus interest.

Patin is a part of a law firm that was named by U.S. News as the “2020 Law Firm of the Year” for construction law, as well as being listed as a Tier 1 law firm in construction litigation and construction law. He’s also a 2019 Chambers and Partners Top Construction Lawyer.

In 1976, Patin received his B.A. from the University of Wisconsin. He later earned his juris doctorate from The George Washington University Law School. Patin is a licensed lawyer in Virginia, Washington D.C., and Maryland.

Michael A. Branca

Michael A. Branca is a managing partner of Peckar & Abramson. His practice deals with construction and government contract law. Branca typically represents GC’s and construction managers. He serves contractors through prosecution of bid protests, preparation and litigation of claims, project counsel support, and negotiation of contract documents.

Branca was recognized as one of Eight Peckar & Abramson Attorneys Named 2019 Thought Leaders in Who’s Who Legal. He’s also been named as one of the 2020 Best Lawyers in America. Branca’s law firm is ranked by U.S. News as a Tier 1 construction law firm. Since 2007, Branca has been listed as one of the leading lawyers in construction law by Chambers and Partners.

David T. Dekker

David T. Dekker is a Pillsbury litigation partner and firm chairman. Dekker was a part of a winning team at Pillsbury that was named 2018 Construction Law Firm of the Year. He is known around Washington D.C. for handling tough insurance coverage claims due to construction projects or damage to business operations. Dekker also assists contractors on individual projects and nonlitigation matters.

Payment questions? Ask construction lawyers in DC, NOVA and beyond

With this list of reputable construction lawyers in northern Virginia, finding the right one should be the easiest part of the process. Before you hire an attorney, consider your legal needs today and in the future. Even if you aren’t currently in a sticky situation, it can be reassuring to have a trusted construction lawyer in your corner for when you need them most.

Visit our Attorney Network to find more construction lawyers in Washington D.C. and around the country. Or head over to the Payment Help Center, where you can ask a legal question for free and get an answer from a construction attorney!


Washington Dc Payment Resources

This page helps you find answers to all of your questions about construction payment in Washington Dc. Learn how documents such as pay applications, notices, contracts, lien waivers, mechanics liens, and more fit into Washington Dc’s construction payment process. Select a document to learn more about how it applies to construction projects in Washington Dc and to see your specific requirements.

It’s essential to exchange these documents when payments are flowing smoothly and when payment problems arise. These resources will help you navigate the payment process, increase visibility and communication, and avoid payment issues. But, if the need arises, they can also help you resolve payment problems and get paid what you earn.

If you need more information or can’t find the answer to a question, you can ask a licensed attorney for free and get a response fast.

Need help figuring out what document you need? Take a quick quiz and find out what the Washington Dc requirements say you need to send next.




We are a Florida-based contractor doing work as a subcontractor in Washington, DC. The work is being done at the US Embassy in Burkina Faso, West Africa. Does this work qualify for a preliminary lien filing in Washington DC since US Embassy facilities are generally defined as US Territory?

We are subcontractor to a IDIQ U.S. Government contractor. Our work is in Burkina Faso, West Africa. They are paying us very late and wondering if we should file a Notice of Lien to make sure we will get all payments.





How to File a Mechanics Lien in Washington, DC | A Step-by-Step Guide to Get You Paid

If you are a contractor or materials supplier working in Washington DC and are dealing with payment problems, a mechanics lien might be just the thing you need. Mechanics liens are the most powerful tool to protect payments on a construction project.

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 guide will provide every step you need to take to file a Washington DC mechanics lien, to get you paid what you’ve earned.

Do you have the right to file a mechanics lien in Washington DC?

Mechanics lien rights in Washington DC are incredibly limited. The ability to file one within the district is limited to those who provided labor or materials for the improvement or construction of real property who contracted directly with either owner of the property or the general contractor. Second-tiers subs and suppliers, such as sub-subcontractors, do not have lien rights.

Furthermore, there are no preliminary notice requirements in DC. However, even though DC doesn’t require it, it’s still a good idea to send preliminary notice regardless of your tier. Preliminary notice provides other valuable benefits besides securing lien rights. It increases your visibility on the project, opens channels of communication, and can work to speed up payment times.

Now that we’ve established who can file a lien in Washington DC, let’s get into the actual process.

Step 1. Fill out a Washington DC mechanics lien form

Mechanics lienFirst and foremost, you will need to be sure that you have the correct mechanics lien form (also known as a Notice of Mechanics Lien). DC Code is fairly lenient when it comes to the actual form itself, as long as it meets all of the statutory requirements. And the recorder’s office does provide a copy of the form for download.

The following is a list of all the information and additional documents you’ll need to file your Washington DC mechanics lien.

Your information

Here’s a seemingly easy one. Yet, many contractors still seem to mess this one up. If filing as an individual, use your full legal name. Or, if filing on behalf of a company, you’ll need to provide the full, registered name along with the designation; i.e. LLC, Inc., etc.

Owner’s information

In this section, you will need to provide the property owner’s (or the owner’s registered agent’s) name and current address or their last known address. If there are two property owners, list both of them. This information isn’t always readily available. If you find yourself having trouble locating this information, learn how to find a property owner’s info on a construction project.

General contractor’s information

Here is where you need to provide the general contractor’s (or the contractor’s registered agent’s) name and current address. This section should be simple as you should have all of this information already. Just look at your contract documents. If there is no written contract, just request this information straight from them.

Amount claimed

The amount claimed should be the total amount due under the contract. This should be the contract price minus any credits for payments made up to the date of filing. In the absence of an express contract, provide a reasonable, good faith estimation of the value provided to the project. Be cautious with this one, as claiming too much on your mechanics lien can make you liable for filing a fraudulent claim of lien.

Description of labor & materials (including first and last dates)

Here you will provide a brief description of the work or materials you provided to the project. Finding the right balance here is crucial because providing too little information is one of the more common reasons why a mechanics lien will be rejected by the recorder’s office. But, the more information, the better. There’s no penalty for providing too much info, only when not providing enough.

In addition to providing this description, you’ll also need to indicate the first and last days of furnishing labor or materials to the project. If the project is yet to be completed, provide the estimated date of completion set forth in the agreement.

Description of property

This section is one of the more strictly enforced sections on a DC mechanics lien claim. The lien statute requires both a full, legal description, as well as the street address of the real property. A legal property description in DC will be expressed according to block and lot numbers. This information should be available in the tax assessor’s office.

Copy of contractor license & certificate of good standing

One requirement that’s particularly unique to DC is that a photocopy of the contractor’s current license to do business, along with a certificate of good standing needs to be attached to the claim as well.

  • If the business is organized under DC law or conducting regular business within DC, the lien claim must include a copy of the claimant’s license to do business in the District and a certificate of good standing from the Department of Consumer and Regulatory Affairs that was issued, at minimum, 180 days before filing the claim.
  • If organized and licensed in another state, then the lien claim must include a copy of the claimant’s current license to do business in that state, along with a certificate of good standing issued by the claimant’s state of organization’s governmental entity.

Copy of home improvement contract (if applicable)

There is a rule under the District of Columbia Municipal Regulations §16-808 that requires any contract for home improvement is memorialized in writing. So, if you are filing a lien on a residential property, be sure to not only have a written contract but also that a copy is filed along with your lien claim.

Signed and notarized statement

Lastly, you’ll need to sign the mechanics lien form under the verification statement which states that all of the information is correct and accurate to the best of your belief and personal knowledge and that you’re signing under penalty of perjury. But don’t sign this too quickly. You’ll need to wait to sign in front of a notary public, as a DC lien won’t be valid unless it’s notarized.

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Step 2. File your Washington DC mechanics lien

Once you have all the required information filled out on the lien form, along with any required attachments, it’s time to file your mechanics lien. This may seem like the easy part, but there are still mistakes that can happen. Some of the more common ones being:

  • Filing in the wrong office
  • Improper filing fees
  • Forgetting the required attachments
  • Having the lien rejected, and missing the deadline

Deadline to file a Washington DC mechanics lienPayment-Period-90-Days-Icon

You must file your lien claim within 90 days after the completion or termination of the project, whichever is earlier. The only thing that remains slightly unclear is whether 90 days from completion of the project as a whole or the contractor’s individual work. Therefore, it may be the safest practice to start counting from when you finished working on the project.

Where to file a Washington DC mechanics lien

Given how small the District is, this is incredibly easy. There’s only one office where mechanics liens can be recorded. This is the Office of the Recorder of Deeds- Land Records Division. Before you go down to the office, or otherwise send out your claim, you should contact the office ahead of time to ensure that you have all the required documents and filing fees.

Here are 4 Essential Questions to Ask the Recorder’s Office.

How to file a Washington DC mechanics lien

Now that we know when and where to file your mechanics lien, the next question is how. In DC, you have three options of how to physically file your lien. Each with its own advantages and disadvantages.

In-person

The first, and likely best option, is to go down to 1101 4th Street SW in person and file the document yourself. This may seem time-consuming and tedious, but it’s the best way to (a) counteract and solve any problems associated with your filing, and (b) ensure that the claim is filed on that day. If going in person, you should bring an extra copy of the claim and any attached documents. Also, an extra blank check would be a good idea in case you’ve miscalculated your filing fees.

By mail

Although many decide to go this route, there is some risk involved. Most notably a timing issue. Many claimants fail to take into account the amount of lag time involved in filing through the mail. The time it takes to get to the office and the potential backlog the office might have at the time. Even worse, if the claim is rejected for some reason, it will need to be mailed back, corrected, and re-sent. This can put your back against the wall if your deadline is steadily approaching.

If you decide to mail your claim in you may want to include an additional copy of the claim, along with a stamped, self-addressed envelope with return instructions included. That way, you can have a certified copy of the filed claim for your records.

Electronic filing

The DC Recorder’s Office does allow for the filing of mechanics liens electronically. You will need to register with a third-party E-Recording vendor such as Simplifile. This option is incredibly convenient, and similar to in-person filing it will be recorded on the day it’s received. Yet, this route does have its own inherent problems. Most notably is the resolution and formatting of uploaded documents. Be sure that they are formatted properly and that the documents are legible before sending any documents over to the office.

Step 3. Sending a copy of the Washington DC mechanics lien

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 in a place that’s “generally visible from the entry point.”

Once the property owner receives a copy of the notice, they are required to retain an amount sufficient to cover the amount secured by the lien from any subsequent payments to the GC. And since DC is an “unpaid balance” jurisdiction, the earlier the better.

What to do after filing a Washington mechanics lien

A Washington mechanics lien won’t last forever, in fact, they will only be effective for 180 days after the claim was recorded. After this time has passed, the lien will no longer be valid or enforceable. So before this deadline passes, you’ll need to either enforce or release the lien.

Enforce (foreclose) your lien claim

As just mentioned, an action to enforce must be filed within the statutory 180-day period. In addition to filing an action in court, a notice of pendency of action (lis pendens) will also need to be filed in the recorder’s office within 10 days of filing the action. Failure to file either one of these documents will result in a loss of lien rights.

Keep in mind, that a foreclosure action is a full lawsuit. So depending on the amount in controversy, you should ask yourself if foreclosure is worth it. If it is, we highly recommend that you contact a local construction attorney to help guide you through this process.

If you’re not quite ready for all that, there’s one more thing that you can do. You can send a Notice of Intent to Foreclose. This isn’t a required document. But rather a simple letter stating that if payment isn’t made within a certain amount of days, then you are willing and able to enforce your lien claim. This letter is usually enough to convince property owners to pay up.

Release (cancel) your lien claim

If you’ve eventually been paid, that’s great news! But just because the lien may be satisfied or expired, doesn’t necessarily mean the lien isn’t still listed on the title. Typically, when a property owner pays off a mechanics lien, they will only do so on the condition that the lien is released. In DC, in particular, DC Code §40-303.15 states that whenever the lienholder’s claim has been satisfied, the owner may demand the removal of the lien claim at their own cost. If the claimant refuses or fails to release the claim, the will be penalized $50 and any other damages caused by the failure to release the claim.

That’s pretty much everything you need to know about filing a mechanics lien in Washington DC. If you have any other questions regarding Washington DC mechanics liens, visit our Ask an Expert Center, or browse our additional resources below.

Washington DC Construction Lien Law & Payment Resources