Mechanic's Lien Deadlines & Notice Requirements in District of Columbia
At a glance
| Governing law | D.C. Code Title 40, Chapter 3, §§ 40-301.01–40-303.20a, provides the private construction lien and its notice and enforcement procedure. Sections 40-301.01 and 40-303.01 cover direct contractors and people directly employed by them; § 47-2883.03 adds a home-improvement payment defense. |
|---|---|
| Who can claim a lien | The contractor who contracted with the owner may claim under § 40-301.01. Section 40-303.01 gives the same rights and obligations, subject to chapter limits, to a subcontractor, materialman, or laborer directly employed by that contractor. Section 40-303.02(a) limits those downstream liens to the unpaid amount due or to become due to the original contractor. Good-faith full payment to the original contractor bars a downstream lien under § 40-303.02(b); a downstream claimant's written notice of an amount due while sufficient owner funds remain is prima facie evidence that later payment to the original contractor was not in good faith. Under § 40-301.02(b)(7), the recorded notice must include applicable current business-license and good-standing documents to the extent available under applicable law; § 40-301.02(a)(1) voids a notice that fails subsection (b). |
| Preliminary notice | Sections 40-301.02 and 40-303.01 establish no separate prework notice as a condition for recording the lien: the notice of intent is recorded during construction or within 90 days after the earlier of completion or termination. A subcontractor, materialman, or supplier may separately notify the owner in writing of an amount due while sufficient funds remain; § 40-303.02(b) makes that notice prima facie evidence against good faith for later payments to the original contractor. |
| Deadline to file the lien | Record the notice of intent during construction or within 90 days after the earlier of completion or termination of the project (§ 40-301.02(a)(1)). The same obligation applies to directly employed subcontractors, materialmen, and laborers through § 40-303.01. A late recording terminates the lien; a notice lacking the subsection (b) content is void. |
| Notice of completion effect | Section 40-301.02(a)(1) measures the 90 days from actual project completion or termination and prescribes no owner-recorded notice that shortens that period. |
| Serving the lien on the owner | Under § 40-301.02(a)(2), mail a copy of the recorded notice of intent to the owner by certified mail within 5 business days of recording; post a copy at the property if the mail is returned unclaimed or undelivered. Section 40-303.01 subjects direct subcontractors to that same obligation. Section 40-303.03 additionally directs a subcontractor or other person employed by the contractor to leave a copy with the owner or resident agent, or post it if neither can be found. Until that step is done, the owner may pay the original contractor under the contract and reduce the downstream lien to the extent of those payments. |
| Deadline to sue to foreclose | File suit to enforce the lien within 180 days after recording a valid notice of intent, then record a notice of pendency of action within 10 days after filing suit (§ 40-303.13(a)(1)). Failure to meet either deadline terminates the lien (§ 40-303.13(a)(2)). |
| Homestead/residential extras | If work is under a home improvement contract as defined in § 40-301.03(2), attach a copy to the recorded notice (§ 40-301.02(b)(8)). For home improvement work, proof that the owner or occupant paid the person offering to perform or arrange the work is a defense that voids a lien under § 47-2883.03. Section 15-501(a)(14) exempts the debtor's residential real-property interest from execution but expressly preserves a mechanic's lien. |
Requirements one by one
Governing law
D.C. Code Title 40, Chapter 3 creates and governs these liens. Section 40-301.01 covers the contractor who contracted with the owner. Section 40-303.01 extends the chapter's rights and obligations to people directly employed by that contractor. Section 47-2883.03 adds a payment defense for home-improvement work.
Who can claim
The owner-contracting contractor may claim a lien (§ 40-301.01). A subcontractor, materialman, or laborer directly employed by that contractor has the same chapter rights and obligations (§ 40-303.01). A downstream lien is limited to the amount due or to become due but unpaid to the original contractor (§ 40-303.02(a)). Good-faith payment of the original contractor in full defeats a downstream lien; a claimant's written notice of an amount due while sufficient owner funds remain supplies prima facie evidence that later payment was not in good faith (§ 40-303.02(b)).
The recorded notice must include applicable current business-license and good-standing documents, to the extent available under applicable law (§ 40-301.02(b)(7)). A notice that does not comply with subsection (b) is void (§ 40-301.02(a)(1)).
Preliminary notice
The cited filing provisions impose no separate prework notice before recording the notice of intent during construction or within 90 days after the earlier of completion or termination (§§ 40-301.02(a)(1), 40-303.01). A subcontractor, materialman, or supplier may give the owner a written notice of the amount due while sufficient funds remain. That notice affects the good-faith payment defense for later owner payments (§ 40-303.02(b)).
Deadline to file the lien
Record a notice of intent during construction or within 90 days after the earlier of project completion or termination (§ 40-301.02(a)(1)). This chapter-wide obligation reaches direct subcontractors through § 40-303.01. Missing the recording window terminates the lien; omitting required subsection (b) contents makes the notice void.
Notice of completion effect
Section 40-301.02(a)(1) uses project completion or termination as the trigger. It provides no owner-recorded notice that shortens the 90-day period.
Serving the lien on the owner
Section 40-301.02(a)(2) requires certified mailing of a copy of the recorded notice to the owner within 5 business days after recording. If returned unclaimed or undelivered, post a copy where generally visible from an entry point. Direct subcontractors share that duty under § 40-303.01.
Section 40-303.03 also directs a subcontractor or other person employed by the original contractor to leave a copy with the owner or resident agent, or post it if neither can be found. Until that step is completed, the owner may continue contractual payments to the original contractor, reducing the downstream lien to that extent. The section does not make personal delivery an alternative to § 40-301.02(a)(2)'s certified mailing.
Deadline to sue to foreclose
File suit within 180 days after recording the valid notice of intent, then record a notice of pendency within 10 days after filing suit. Missing either step terminates the lien (§ 40-303.13(a)).
Homestead/residential extras
If the project is under a home improvement contract, attach that contract to the notice (§§ 40-301.02(b)(8), 40-301.03(2)). For home improvement work, proof that the owner or occupant paid the person offering to perform or arrange the work is a defense that voids the lien (§ 47-2883.03). Section 15-501(a)(14) exempts residential real-property interests from execution but expressly preserves mechanic's liens.
What trips people up
The recorded notice has required contents beyond the amount and property description, including applicable license and good-standing documents (§ 40-301.02(b)). Direct subcontractors share the certified-mail obligation and have the separate § 40-303.03 delivery or posting rule. The enforcement deadline is in § 40-303.13; § 40-303.06 addresses advance payments.
Common questions
When must I record the notice? During construction or within 90 days after the earlier of project completion or termination (§ 40-301.02(a)(1)).
Must I notify the owner after recording? Yes. Certified-mail a copy within 5 business days; post it if the mail is returned. Direct subcontractors should also account for § 40-303.03's delivery or posting rule (§§ 40-301.02(a)(2), 40-303.01, 40-303.03).
Can a home-improvement lien survive payment to the person engaged for the work? Section 47-2883.03 makes proof of that payment a defense that voids the lien.
Statutes and sources
- D.C. Code § 40-301.01 — https://code.dccouncil.gov/us/dc/council/code/sections/40-301.01 (accessed 2026-10-06)
- D.C. Code § 40-303.01 — https://code.dccouncil.gov/us/dc/council/code/sections/40-303.01 (accessed 2026-10-06)
- D.C. Code § 40-303.02 — https://code.dccouncil.gov/us/dc/council/code/sections/40-303.02 (accessed 2026-10-06)
- D.C. Code § 40-301.02 — https://code.dccouncil.gov/us/dc/council/code/sections/40-301.02 (accessed 2026-10-06)
- D.C. Code § 40-301.02(b)(7) — https://code.dccouncil.gov/us/dc/council/code/sections/40-301.02 (accessed 2026-10-06)
- D.C. Code § 40-301.02(b)(8)-(9) — https://code.dccouncil.gov/us/dc/council/code/sections/40-301.02 (accessed 2026-10-06)
- D.C. Code § 40-301.03 — https://code.dccouncil.gov/us/dc/council/code/sections/40-301.03 (accessed 2026-10-06)
- D.C. Code § 40-303.03 — https://code.dccouncil.gov/us/dc/council/code/sections/40-303.03 (accessed 2026-10-06)
- D.C. Code § 40-303.06 — https://code.dccouncil.gov/us/dc/council/code/sections/40-303.06 (accessed 2026-10-06)
- D.C. Code § 40-303.13 — https://code.dccouncil.gov/us/dc/council/code/sections/40-303.13 (accessed 2026-10-06)
- D.C. Code § 47-2883.03 — https://code.dccouncil.gov/us/dc/council/code/sections/47-2883.03 (accessed 2026-10-06)
- D.C. Code § 15-501 — https://code.dccouncil.gov/us/dc/council/code/sections/15-501 (accessed 2026-10-06)
Source links
Every statute quoted above, linked, with the date we checked it.
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