How to File a Mechanics Lien in Maryland: Notice, Petition, Deadlines

To file a mechanics lien in Maryland, a subcontractor or supplier first sends the property owner a Notice of Intent to Lien within 120 days of last performing work, then files a petition to establish the lien in the circuit court for the county where the property sits within 180 days of that same date. General contractors with a direct contract with the owner skip the notice step and go straight to the petition. Once the court issues a show cause order and the owner either responds or lets the deadline pass, the judge decides whether to establish the lien, and you then have one year from the original filing date to bring an enforcement action.

Before You Start: Does the Work Qualify

Not every unpaid job supports a lien. New construction is automatically eligible. Work on an existing building qualifies only if it increases the building’s value by at least 15 percent.¹ A single repair or a small cosmetic job on a valuable home usually won’t clear that bar, no matter how large the unpaid invoice.

The statute reaches beyond framing and drywall. Wells, pools, fencing, landscaping, grading, paving, architectural and engineering services, land surveying, and equipment leased to the project all qualify. One timing point matters: if the property has already been sold to a good-faith buyer before the lien is established, neither the land nor the building can be liened. Filing the petition itself gives legal notice to any prospective buyer, so speed helps.¹

Step 1: Send the Notice of Intent to Lien (Subcontractors and Suppliers)

If you don’t have a direct contract with the property owner, you must serve a written Notice of Intent to Lien before you can file anything in court. The owner already knows the general contractor is on the job; the notice exists so the owner learns about everyone else in the payment chain.

Send the notice within 120 days of the last day you performed work or supplied materials on the project.² Maryland provides a statutory form. Your notice doesn’t need to match it word for word, but it must be substantially in that form and include:

Your name as the claimant
A brief description identifying the building
The total amount earned and the amount currently unpaid
What work was done or materials provided, and when
The name of the person who hired you
A sworn statement, under penalty of perjury, that the information is true

Deliver by registered or certified mail with a return receipt requested, or by personal delivery. If the owner truly can’t be reached, you may post the notice on the door or another prominent part of the building within the same 120-day window, but only in the presence of a witness.² Keep the certified mail receipt. You’ll attach it to the court petition later.

The Single-Family Home Wrinkle

If the project is a single-family home being built on the owner’s land for the owner’s own use, the 120-day rule still applies, but the notice is only effective if the owner has not already paid the general contractor in full when it arrives.² That connects to a wider owner protection: at final payment, the general contractor is required to provide the owner with signed lien releases from every subcontractor and supplier, and once the owner has those releases, no lien can attach for the covered work.³ The practical lesson: don’t wait until day 115 on a residential job.

Step 2: Prepare the Petition to Establish the Lien

The petition is a formal lawsuit asking a judge to recognize the debt and attach a lien to the property. Errors here can sink an otherwise good claim. The petition must include:⁴

Names and addresses of both you and the property owner
What you did or supplied, when, and who hired you
The amount claimed, minus any credits already applied
A legal description of the land, with enough detail to identify the building
If you’re a subcontractor, facts showing you properly served the Notice of Intent

Attach a sworn affidavit setting out the facts that entitle you to the lien in the amount you’re claiming. Also attach originals or certified copies of the supporting documents: your contract, unpaid invoices, and, for subcontractors, the Notice of Intent with its delivery receipt. If any document is missing, explain the gap in the affidavit.⁴

Step 3: File in Circuit Court Within 180 Days

File the petition within 180 days after your work was finished or your materials were last furnished.⁴ The clock runs from your last day on the job, not from when the overall project ends. If you finished your part in March and the general contractor wrapped in August, your 180 days started in March.

File in the circuit court for the county where the property is located. The filing fee for a new civil case in Maryland Circuit Court is $165.⁵

Step 4: What Happens After You File

Filing the petition doesn’t automatically create a lien. The court reviews the paperwork and may ask you to clarify or supplement your claims. If the judge finds a legitimate basis for a lien, the court issues a show cause order directed at the property owner.⁶

The owner has 15 days from service of the order to respond, either by appearing in court to present evidence or by filing a counteraffidavit disputing your sworn facts. If the owner doesn’t respond at all, every factual statement in your affidavit is deemed admitted, and the lien can attach without further factual dispute.⁶

If the facts are undisputed and the law supports the claim, the court enters a final order establishing the lien. If the owner disputes some of the claim, the court can establish a lien for the undisputed amount and set the contested portion for a hearing. Cases with genuine factual disputes get scheduled at the earliest possible time.⁶

Step 5: Enforce the Lien Within One Year

Establishing the lien is not the end. To actually get paid, you have to enforce it. The right to enforce any mechanics lien expires one year from the date you filed the petition to establish it.⁷ File a petition to enforce within that year, in the same proceedings, and the lien stays in full force until a final decree is entered. Miss the year and the lien simply expires.

A Lien Waiver in Your Subcontract Doesn’t Bind You

Maryland law prohibits contracts between contractors and subcontractors from waiving the right to file a mechanics lien or sue on a contractor’s bond. Pay-if-paid clauses that condition your payment on the general contractor being paid by the owner also cannot strip your lien rights. Any provision that tries is void as against public policy.⁸ A waiver buried in the subcontract you signed is unenforceable.

Key Deadlines at a Glance

120 days after your last day of work or delivery: subcontractors must send the Notice of Intent to Lien to the owner²
180 days after your last day of work or delivery: file the petition to establish the lien in circuit court⁴
15 days from service of the show cause order: the owner’s window to respond⁶
1 year from the date you filed the petition to establish: file the petition to enforce, or the lien expires⁷

1
Maryland General Assembly. Maryland Code Real Property 9-102
2
Maryland General Assembly. Maryland Code Real Property 9-104 – Notice to Owner by Subcontractor
3
Maryland General Assembly. Maryland Code Real Property 9-114 – Releases
4
Maryland General Assembly. Maryland Code Real Property 9-105 – Filing of Claims
5
Maryland Courts. Summary of Charges, Costs and Fees of the Clerks of the Circuit Court
6
Maryland General Assembly. Maryland Code Real Property 9-106 – Procedure After Filing
7
Maryland General Assembly. Maryland Code Real Property 9-109 – Expiration of Right to Enforce Lien
8
Maryland General Assembly. Maryland Code Real Property 9-113 – Prohibited Provisions in Contracts