Legal Question in Construction Law in Maryland

Re: Mechanics Lien

Notice requirements and other procedural aspects apply to perfecting a mechanics lien for collection. Liens provide rights which require enforcement within the statutory period which is generally one year. Other actions for recovery may exist.

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Re: Mechanics Lien

Unfortunately, there are two reasons that you probably do need to hire an attorney in order to get a Maryland mechanic's lien.

First, in order to actually obtain a mechanic's lien, you will need to file a complaint and other papers in court. If the plaintiff is a corporation, then it MUST as a matter of law be represented by legal counsel.

Second, even if legal counsel is not required by law,, the process of getting a mechanic's lien is really quite complicated, is filled with picky technicalities, and would be very difficult for a non-lawyer to accomplish.

In order to obtain a mechanic's lien in Maryland, the contractor must first give appropriate notice of intent to lien to all of the correct parties required by the statute, in the correct form and within the correct time deadlines.

Then, again within the deadlines set by statute, the contractor has to file an actual lawsuit in the Circuit Court where the property is located, put on and litigate a case to show that the statutory elements have been met. There are two phases to this. First, if all of the paperwork is properly filed, the court will issue a show cause order and set a hearing to determine if there is "probable cause" to establish a lien. If there is probable cause, then the lien will usually be established on a temporary "interlocutory" basis. Then, the matter will be set for a full round of discovery and finally a trial.

Note that the imposition of a lien also does not mean that money will be collected .. other efforst must be made in order to enforce the lien and judgment.

I litigate these cases and would be happy to chat with you quickly if you have any further questions.