Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Maryland
Maryland
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Maryland Quick Overview
| Pursuant Code | MD Code Ann., Real Prop. §§ 9-101 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| MD Statutory Relief | Full Price | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 6 months to 1 year | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | ||
| Prelien Document Name(s) | ||
| Prelien Minimum Information | Notice must be in statutory form and include a description of the services or materials furnished, the amount due, and be signed by the claimant. | |
| Prelien Minimum Notifications | Owner | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Maryland by Role
In Maryland, subcontractors and suppliers must serve a Notice of Intention to Claim a Lien within 120 days of last furnishing work or materials. The notice is served on the owner only. No recording or notarization is required.
Mechanic's Liens in Maryland
In Maryland, a mechanics lien claimant must serve a Notice of Intention to Claim a Lien on the owner within 120 days after last furnishing labor or materials, and must file a Petition to Establish Mechanics Lien within 180 days after last furnishing. The lien must then be enforced within 1 year after the Petition is filed. Maryland does not require preliminary notice from prime contractors but does require subcontractors and suppliers to serve the Notice of Intention to Claim a Lien.
Bond Claims in Maryland
On public projects in Maryland, bond claims are governed by the Little Miller Act (Md. Code Ann., State Fin. & Proc. §§ 17-101 et seq.). Subcontractors and suppliers who do not have a direct contract with the prime contractor must provide written notice of their claim within 90 days of last furnishing labor or materials. Suit must be filed within 1 year after the public work's completion and acceptance.
Construction Lien Waivers in Maryland
Required Format: Maryland does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Maryland does not require waivers to be notarized.
Lien waivers in Maryland are governed by contract. There is no statutory lien waiver form required. Waivers can be conditional or unconditional but must be clear in language. Courts strictly construe waivers, so explicit terms are recommended.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Maryland counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Maryland
Frequently Asked Questions (FAQs) on Maryland Lien Processes for Contractors
Does Maryland require a preliminary notice before filing a mechanics lien?
Only subcontractors and suppliers must serve a Notice of Intention to Claim a Lien within 120 days after last furnishing labor or materials. Prime contractors are not required to send a preliminary notice.
What is the deadline to file a Petition to Establish a Mechanics Lien in Maryland?
The Petition must be filed within 180 days after the last day the claimant furnished labor or materials to the project.
How long do I have to enforce a mechanics lien in Maryland?
A Petition to Enforce the Lien must be filed within 1 year after the Petition to Establish a Mechanics Lien was filed.
Is notice required to make a bond claim on a public project in Maryland?
Yes. Claimants without a direct contract with the prime contractor must provide written notice within 90 days after last furnishing labor or materials to the project.
Where can I find the Maryland statutes governing mechanics liens and public bond claims?
Mechanics liens are governed by Md. Code Ann., Real Prop. §§ 9-101 et seq. Bond claims on public projects are governed by the Maryland Little Miller Act, Md. Code Ann., State Fin. & Proc. §§ 17-101 et seq.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
