Notice to Owner or Owner's Agent of Intention to Claim a Lien - Maryland

NOTICE TO OWNER OR OWNER'S AGENT OF INTENTION TO CLAIM A LIEN

Md. Code, Real Property § 9-104

1. RECIPIENT AND PROPERTY

Date: [DATE]

To: [OWNER OR OWNER'S AGENT]

Address: [ADDRESS]

Building / Property:

[GENERAL DESIGNATION OR BRIEF DESCRIPTION]

2. STATUTORY NOTICE

[SUBCONTRACTOR LEGAL NAME] did work or furnished material for or about the building generally designated or briefly described above.

The total amount earned under the subcontractor's undertaking to the date of this notice is $[AMOUNT EARNED], of which $[AMOUNT DUE] is due and unpaid as of the date of this notice.

The work done or materials provided under the subcontract were as follows:

• Brief description of work or materials: [DESCRIPTION]
• Time when work was done or materials furnished: [DATES]
• Person for whom work was done or to whom materials were furnished: [NAME]

I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing notice are true to the best of the affiant's knowledge, information, and belief.

Signature: _______________________________

Individual name: [NAME]

On behalf of subcontractor: [ENTITY NAME, IF APPLICABLE]

Date: [DATE]

3. DEADLINE AND SERVICE

A subcontractor must give this notice within 120 days after doing the work or furnishing the materials.

• Last work or furnishing date: [DATE]
• 120th day: [DATE]
• Notice date: [DATE]

Effective service methods under § 9-104(c):

☐ Registered mail, return receipt requested

☐ Certified mail, return receipt requested

☐ Personal delivery to the owner by Claimant or Claimant's agent

If notice cannot be given because of absence or other causes, § 9-104(e) permits timely posting on the door or other front part of the building in the presence of a competent witness. Obtain Maryland counsel before using posting.

If there is more than one owner, notice to any one owner complies with § 9-104(d).

Proof

• Service / mailing date: [DATE]
• Method: [METHOD]
• Tracking or witness: [DETAILS]
• Proof attached: [RETURN RECEIPT / AFFIDAVIT]

4. SINGLE-FAMILY OWNER-RESIDENCE LIMIT

If the building is a single-family dwelling being erected on the owner's land for the owner's own residence, § 9-104 requires the notice within the same 120-day period, but no lien is available if the owner fully paid the contractor before receiving the notice. Any subcontractor lien is limited to the amount the owner owed under the contract when notice was given.

☐ Not that type of dwelling

☐ That type of dwelling; owner had not fully paid contractor when notice was received

• Amount owner owed contractor on receipt date: $[AMOUNT]

5. PETITION DEADLINE

This notice does not establish the lien. Under § 9-105, file proceedings in the circuit court where the land or any part is located within 180 days after the work is finished or materials furnished, with the required petition, affidavit, and supporting papers.

• Applicable finish / furnishing date: [DATE]
• 180th day: [DATE]
• Planned petition filing date: [DATE]

6. SOURCES AND REFERENCES

• Md. Code, Real Property § 9-104: https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=grp&section=9-104&enactments=false
• Md. Code, Real Property § 9-105: https://mgaleg.maryland.gov/mgawebsite/laws/StatuteText?article=grp&section=9-105&enactments=false