Mechanics Lien Claim - Maryland

PETITION TO ESTABLISH MECHANICS LIEN

State of Maryland

County of [________________________________]

IMPORTANT FILING NOTICE

Maryland uses a unique court petition system for mechanics liens. Unlike most states, you do NOT record a lien with the county land records. Instead, a Petition to Establish Lien must be filed with the Circuit Court for the county where the property is located within 180 days of the claimant's last date of work or material delivery. Subcontractors must serve a Notice of Intent on the property owner within 120 days of their last work. The building must be improved at least 15% (residential) or 25% (other properties) for lien rights to apply.

I. CLAIMANT (PETITIONER) INFORMATION

Full Legal Name of Claimant/Petitioner: [________________________________]

Claimant Entity Type:

☐ Individual / Sole Proprietor
☐ Corporation
☐ Limited Liability Company (LLC)
☐ Partnership
☐ Joint Venture
☐ Other: [________________________________]

Claimant Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: MD ZIP: [____]

Claimant Phone: [________________________________]

Claimant Email: [________________________________]

Maryland Home Improvement Commission License (MHIC) No. (if applicable): [________________________________]

Claimant's Role in the Project:

☐ General / Prime Contractor (direct contract with Owner)
☐ Subcontractor
☐ Sub-subcontractor
☐ Material Supplier
☐ Equipment Supplier
☐ Laborer
☐ Architect / Engineer
☐ Other: [________________________________]

II. PROPERTY OWNER (RESPONDENT) INFORMATION

Full Legal Name of Property Owner: [________________________________]

Owner Mailing Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

Owner Phone (if known): [________________________________]

Is the property owner-occupied residential? ☐ Yes ☐ No

III. GENERAL CONTRACTOR INFORMATION

(If Claimant is not the General Contractor)

General Contractor Name: [________________________________]

General Contractor Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

General Contractor MHIC No. (if applicable): [________________________________]

IV. HIRING PARTY INFORMATION

(Complete if Claimant was not hired directly by Owner)

Name of Party Who Hired Claimant: [________________________________]

Hiring Party's Relationship:

☐ General Contractor
☐ Subcontractor
☐ Agent of Owner
☐ Other: [________________________________]

Hiring Party Address:

[________________________________]
[________________________________]
City: [________________________________] State: [____] ZIP: [____]

V. PROPERTY DESCRIPTION

Property Street Address:

[________________________________]
[________________________________]
City: [________________________________], Maryland [____]

County: [________________________________], Maryland

Legal Description of Property:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Attach Exhibit A for full legal description if additional space is needed)

☐ Exhibit A — Legal Description is attached hereto and incorporated by reference.

Tax Account / Parcel Number: [________________________________]

Type of Property:

☐ Single-family residential (owner-occupied)
☐ Single-family residential (not owner-occupied)
☐ Multi-family residential
☐ Commercial
☐ Industrial
☐ Other: [________________________________]

VI. PETITION TO ESTABLISH MECHANICS LIEN

A. Statutory Basis

Pursuant to Md. Code, Real Prop. § 9-102 et seq., the Petitioner (Claimant) hereby petitions this Court to establish a mechanics lien upon the above-described real property for labor performed, materials furnished, and/or services rendered in connection with the erection, construction, alteration, or repair of a building or structure on said property.

B. Improvement Threshold Requirement

Under Maryland law, a mechanics lien may be established only if the building has been improved by at least:

☐ 15% of its value — for a building designed for residential use by not more than two families
☐ 25% of its value — for all other buildings and structures

Estimated value of building before improvement: $[________________________________]

Estimated value of improvement: $[________________________________]

Percentage improvement: [____]%

☐ Petitioner affirms that the building has been improved by at least the required statutory percentage.

C. Description of Labor and/or Materials

Type of Improvement:

☐ New Construction / Erection
☐ Alteration
☐ Repair
☐ Other: [________________________________]

Description of Labor Performed and/or Materials Furnished:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

D. Contract Information

Type of Contract:

☐ Written Contract
☐ Oral Contract
☐ Implied Contract

Original Contract Price: $[________________________________]

Approved Change Orders: $[________________________________]

Total Adjusted Contract Price: $[________________________________]

VII. DATES OF WORK / FURNISHING

Date Claimant First Performed Labor or Furnished Materials: [__/__/____]

Date Claimant Last Performed Labor or Furnished Materials: [__/__/____]

VIII. AMOUNT CLAIMED

IX. PRE-LIEN NOTICE COMPLIANCE

A. Notice of Intent to Claim Lien — Subcontractors (Md. Code, Real Prop. § 9-104)

Under § 9-104, subcontractors and suppliers who do NOT have a direct contract with the property owner must give the owner written Notice of Intent to Claim a Mechanics Lien within 120 days after completing their work or providing their materials.

☐ Claimant has a direct contract with the Owner — § 9-104 notice not required
☐ Notice of Intent was served on the Owner

• Date Served: [__/__/____]
• Method: ☐ Certified mail, return receipt requested ☐ Personal delivery ☐ Other: [________________________________]
• Proof of Service: ☐ Attached ☐ On file

☐ Notice of Intent was NOT served (WARNING: Failure to timely serve the Notice of Intent will bar subcontractor lien rights)

B. Owner-Occupied Residential Property

For owner-occupied residential property, subcontractors must serve the Notice of Intent to preserve lien rights. Additional consumer protection requirements may apply.

X. FILING DEADLINE COMPLIANCE

Under Md. Code, Real Prop. § 9-106, the Petition to Establish Lien must be filed within 180 days after the claimant's last date of completing work or furnishing materials on the property.

Date of Last Work/Materials: [__/__/____]

180-Day Filing Deadline: [__/__/____]

Date of This Filing: [__/__/____]

☐ Claimant confirms this Petition is being filed within the 180-day statutory deadline.

XI. VERIFICATION / AFFIDAVIT

I, [________________________________], being duly sworn, depose and state:

1. I am the Petitioner/Claimant named above (or the [________________________________] of the Claimant entity).
2. I have read the foregoing Petition to Establish Mechanics Lien.
3. The facts stated herein are true and correct to the best of my knowledge, information, and belief.
4. The amount claimed, $[________________________________], is justly due and owing after deducting all credits and offsets.
5. The building has been improved by at least the required statutory percentage.
6. The labor and/or materials described herein were furnished for the improvement of the property described above.

Signature: ________________________________

Printed Name: [________________________________]

Title (if entity): [________________________________]

Date: [__/__/____]

XII. NOTARY ACKNOWLEDGMENT

State of Maryland
County of [________________________________]

Subscribed and sworn to before me this [____] day of [________________], 20[____], by [________________________________], who is personally known to me or who has produced [________________________________] as identification.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

XIII. SUPPORTING DOCUMENTATION

The following documents are attached in support of this Petition:

☐ Copy of the contract (written)
☐ Invoices, statements of account, and/or billing records
☐ Change orders and amendments
☐ Proof of compliance with Notice of Intent requirements (for subcontractors)
☐ Proof of improvement percentage
☐ Legal description of property (Exhibit A)
☐ Photographs of work performed (if available)
☐ Other: [________________________________]

XIV. ENFORCEMENT DEADLINES

CRITICAL: Under Md. Code, Real Prop. § 9-109, after the Petition is filed and the lien is established by the court, the claimant must enforce the lien within ONE (1) YEAR from the date the petition was filed. Failure to timely enforce will void the lien.

XV. LIEN RELEASE AND BONDING PROVISIONS

A. Release of Lien

Upon full payment of the amount claimed plus any accrued interest, costs, and attorney's fees, Claimant shall file a satisfaction of the lien with the Circuit Court.

B. Bond to Release Lien (Md. Code, Real Prop. § 9-110)

The property owner or any interested party may petition the court to release the lien upon posting a bond or other security in an amount sufficient to secure the lien claim. The court determines the appropriate amount.

C. Partial Release

If partial payment is received, Claimant may petition for a partial release of the lien.

XVI. PRIORITY OF LIEN

Under Maryland law, a mechanics lien has priority from the date the building was begun or the materials were first furnished. However, the lien is subject to prior recorded mortgages, deeds of trust, and other encumbrances.

XVII. ADDITIONAL NOTICES AND DISCLOSURES

1. Court Petition Required: Maryland is one of a small number of states that require a court petition rather than recording. The Petition is filed with the Circuit Court, not with land records.
2. Improvement Threshold: The 15% (residential) or 25% (commercial) improvement threshold is unique to Maryland and must be met for lien rights to exist.
3. MHIC Licensing: For home improvement work, the contractor must hold a valid Maryland Home Improvement Commission (MHIC) license. Unlicensed work may not support lien rights on residential property.
4. Owner-Occupied Residential Property: Special protections exist for homeowners on owner-occupied residential property.
5. Lis Pendens: Consider filing a lis pendens in the land records to provide constructive notice to third parties.
6. Penalties for False Claims: Filing a false or fraudulent petition may subject the claimant to sanctions and liability.

FILING INSTRUCTIONS

1. Ensure all pre-filing notice requirements are met (Notice of Intent for subcontractors)
2. Complete all sections of this Petition
3. Have the Claimant sign under oath before a Notary Public
4. Assemble all supporting documentation
5. File the Petition with the Circuit Court in the county where the property is located
6. Serve the Petition on the property owner and other interested parties as required by court rules
7. Calendar the 1-year enforcement deadline from the date of filing
8. Consult with an attorney regarding enforcement and trial proceedings

SOURCES AND REFERENCES

• Maryland Code, Real Property, Title 9 — Mechanics' Liens
• Md. Code, Real Prop. § 9-101 — Definitions
• Md. Code, Real Prop. § 9-102 — Right to Establish a Lien
• Md. Code, Real Prop. § 9-104 — Notice of Intent (Subcontractors)
• Md. Code, Real Prop. § 9-105 — Petition to Establish Lien
• Md. Code, Real Prop. § 9-106 — Time for Filing Petition (180 days)
• Md. Code, Real Prop. § 9-109 — Enforcement (1-year deadline)
• Md. Code, Real Prop. § 9-110 — Bond to Release Lien
• Maryland Judiciary: https://www.courts.state.md.us
• Maryland General Assembly: https://mgaleg.maryland.gov