Maryland Mechanics’ Liens - Strategic Considerations

With private commercial work on the uptick, we are seeing more mechanic's liens. While the lien process is relatively straight-forward in DC and Virginia, it is much more complicated in Maryland.

In Maryland, a mechanic's lien does not attach at the commencement of the work or the filing of a lien action. Instead, a contractor, subcontractor, or other claimant must file a complaint, present evidence at a "show cause" hearing in circuit court, and (usually) prevail at a full trial on the merits to establish a lien. This much more intensive process was established as a result of the decision in Barry Properties, Inc. v. Fick Bros. Roofing Co., 277 Md. 15, 353 A.2d 222 (Md. 1976), and can take 14 months or more to complete.

Below is a summary of key aspects of Maryland's mechanic's lien process.

Notice Requirements

Subcontractors, suppliers, and their lower tiers (but...