Pre-lien Notice / Notice to Owner

PRE-LIEN NOTICE

(a/k/a “Notice to Owner” – Maryland Mechanics’ Lien Law)

I. DOCUMENT HEADER

1. Date of Notice: [DATE]
2. Claimant: [CLAIMANT LEGAL NAME], a [STATE] [corporation/LLC/partnership/individual], whose principal place of business is [ADDRESS] (“Claimant”).
3. Owner: [OWNER LEGAL NAME], whose address for notice is [ADDRESS] (“Owner”).
4. General Contractor (if any): [GC LEGAL NAME], whose address is [ADDRESS] (“General Contractor”).
5. Project: [PROJECT NAME / DESCRIPTION] located at [STREET ADDRESS, CITY/COUNTY, MD ZIP] and further described as [LEGAL DESCRIPTION OR TAX ID] (“Project Property”).
6. Effective Date: The earlier of (a) actual receipt by Owner, or (b) the third (3rd) business day after deposit for certified mailing as evidenced by the U.S. Postal Service post-mark (the “Effective Date”).
7. Governing Law & Venue: Maryland Real Property Article, Title 9 (the “Maryland Lien Law”); exclusive venue in the circuit court of the Maryland county where the Project Property is located.

II. DEFINITIONS

For purposes of this Notice:

• “Labor and/or Materials” means the labor, professional services, equipment, materials, and/or specially fabricated goods furnished by Claimant for improvement of the Project Property.
• “Last Furnishing Date” means the last date on which Claimant actually furnished Labor and/or Materials to or for the Project.
• “Outstanding Balance” means the unpaid contract amount for Labor and/or Materials as of the Date of Notice.
• “Service” means delivery of this Notice in strict conformity with Md. Code Ann., Real Prop. § 9-104(a)(1).

III. OPERATIVE PROVISIONS

1. Statutory Notice
   a. Pursuant to Md. Code Ann., Real Prop. § 9-104, Claimant hereby gives written notice of its intention to claim a mechanics’ lien against the Project Property.
   b. Claimant’s Last Furnishing Date was [DATE — MUST BE ≤ 120 DAYS PRIOR TO DATE OF NOTICE].

2. Description of Labor and/or Materials Furnished
   Claimant furnished the following scope of work: [SPECIFIC DESCRIPTION — e.g., “supply and installation of structural steel per project plans and specifications dated ___”].

3. Contract Amounts
   • Original Contract / Purchase Order Value: $[___]
   • Approved Change Orders / Extras: $[___]
   • Total Value of Work Performed: $[___]
   • Amounts Previously Paid: $[___]
   • Outstanding Balance (Amount Now Due): $[___] (“Amount Due”)

4. Demand for Payment & Reservation of Rights
   a. Claimant demands payment in full of the Amount Due within ten (10) calendar days after the Effective Date.
   b. If Owner fails to make payment, Claimant will, without further notice, file a Petition to Establish Mechanics’ Lien under Md. Code Ann., Real Prop. § 9-105 and seek all remedies available at law or in equity, including interest, costs, and reasonable attorneys’ fees where recoverable.

5. Liability Cap
   Claimant’s total recoverable lien amount shall not exceed the value of Labor and/or Materials actually furnished ($[___]) plus statutory interest, court-awarded fees, and allowable costs.

IV. REPRESENTATIONS & WARRANTIES

1. Claimant represents and warrants that:
   a. It is duly licensed and authorized to perform the Labor and/or Materials described herein.
   b. The amounts stated are true, correct, and presently due and owing.
   c. All Labor and/or Materials were furnished in good faith for the improvement of the Project Property.
   d. No portion of the Amount Due has been paid, waived, or otherwise satisfied.

2. These representations survive delivery of this Notice and are made to induce Owner to satisfy the Amount Due and thereby avoid lien proceedings.

V. DEFAULT & REMEDIES

1. Event of Default: Owner’s failure to tender the Amount Due within ten (10) calendar days after the Effective Date.
2. Remedies Upon Default:
   a. Filing of a Petition to Establish Mechanics’ Lien in the appropriate Maryland circuit court;
   b. Foreclosure of the mechanics’ lien against the Project Property;
   c. Recovery of costs, interest, and attorneys’ fees as permitted by statute; and
   d. Any other legal or equitable relief available.

VI. RISK ALLOCATION

1. Force Majeure / Impossibility: To the extent performance by Claimant is affected by events beyond its control (including Owner’s non-payment), Claimant reserves all rights and remedies under law.
2. No Indemnification: This Notice does not impose indemnification obligations on any party.

VII. DISPUTE RESOLUTION

1. Governing Law: Maryland Lien Law (Md. Code Ann., Real Prop. Title 9).
2. Forum Selection: Exclusive jurisdiction and venue lie with the circuit court in the county where the Project Property is situated.
3. Jury Waiver & Arbitration: Not applicable to this Notice.
4. Injunctive Relief: Claimant expressly reserves the right to seek expedited injunctive or equitable relief to preserve or enforce its mechanics’ lien rights.

VIII. GENERAL PROVISIONS

1. Entire Notice: This document constitutes the entire statutory notice required under Md. Code Ann., Real Prop. § 9-104 and may not be amended except by written instrument executed by Claimant.
2. Severability: If any provision of this Notice is determined to be unenforceable, the remaining provisions shall remain in full force and effect.
3. Electronic Signatures: Pursuant to Md. Code, Commercial Law § 21-101 et seq., electronic signatures shall be deemed original.
4. Counterparts: This Notice may be executed in counterparts, each of which shall be deemed an original.

IX. EXECUTION BLOCK

Executed as of the Date of Notice set forth above.

X. CERTIFICATE OF SERVICE

I, the undersigned, hereby certify under penalty of perjury that on [DATE] I served the foregoing Pre-Lien Notice as follows:

1. Owner – by [☐] certified mail, return-receipt requested, article no. ☐; OR [☐] personal delivery (attach affidavit of service).
2. General Contractor (if applicable) – by [☐] certified mail, return-receipt requested, article no. ☐; OR [☐] personal delivery.

Executed on [DATE] at [CITY, STATE].

______________________________
[NAME OF SERVER]
[CAPACITY: e.g., “Third-Party Process Server”]

STATUTORY ADVISORY TO OWNER

Pursuant to Md. Code Ann., Real Prop. § 9-114, payment made by Owner to the General Contractor after receipt of this Notice does not discharge the Owner’s potential liability to Claimant. Owner may be subject to double payment if Owner fails to withhold funds sufficient to cover the Amount Due.