Private Works — 180 Days After Last Performance
Under Maryland law, a Petition to Establish and Enforce a Mechanic's Lien must be filed within 180 days of the claimant's last performance of work or delivery of materials. This single filing establishes the mechanic lien and initiates enforcement in one step.
For contractors, the petition must include 'all material papers.' For subcontractors, a copy of the Notice to Owner of Intention to Claim a Mechanic Lien must be attached to the petition. Failure to file within the 180-day period results in the loss of all mechanic's lien rights.
Contractor Enforcement
Contractors have a straightforward enforcement path in Maryland. No preliminary notice is required, and no separate mechanic lien recording is necessary. The contractor simply files the Petition to Establish and Enforce a Mechanic's Lien within 180 days of last performance, including all material papers supporting the claim.
The court will then determine whether the mechanic lien is valid and enforceable based on the evidence presented. If established, the mechanic lien attaches to the property and may be enforced through foreclosure proceedings.
Subcontractor Enforcement
Subcontractors must complete two steps for enforcement: (1) serve the Notice to Owner within 120 days of last performance, and (2) file the Petition to Establish and Enforce a Mechanic's Lien within 180 days of last performance with the Notice to Owner attached.
Both deadlines run concurrently from the date of last performance, so the subcontractor must serve notice well within the 180-day suit filing window. Missing either deadline — the 120-day notice or the 180-day petition — results in loss of mechanic lien rights.
Public Works — Suit Within 1 Year of Final Acceptance
On Maryland public works projects, all suits on the payment bond must be filed within 1 year from final acceptance of the work. However, suit cannot be filed earlier than 90 days after the claimant last performed work or delivered materials.
'Acceptance' under Maryland law means the completion of the entire public project, not just the individual claimant's portion of the work. The 90-day waiting period ensures that the contractor has adequate time to make payment before litigation begins.
Public Works — Bond Requirements
Payment bonds are mandatory for Maryland public contracts over $100,000. For contracts between $25,000 and $100,000, municipalities may impose bond requirements not to exceed 50% of the contract price. The bond must be in an amount not less than 50% of the total contract price.
Claimants whose contract is with a subcontractor must provide written notice to the principal contractor within 90 days of last performance as a prerequisite to bond claim recovery. §17-108.
Frequently Asked Questions
How long do I have to file a mechanic's lien suit in Maryland?
The Petition to Establish and Enforce a Mechanic's Lien must be filed within 180 days of last performance. This single filing establishes the mechanic lien and initiates enforcement. Failure to file within 180 days results in loss of all mechanic's lien rights.
What must be included in a Maryland mechanic's lien petition?
For contractors, the petition must include 'all material papers.' For subcontractors, a copy of the Notice to Owner of Intention to Claim a Mechanic Lien must be attached. The petition establishes and enforces the mechanic lien in a single court filing.
When can I sue on a Maryland public works payment bond?
Suit must be filed within 1 year from final acceptance of the entire project. However, suit cannot be filed earlier than 90 days after the claimant's last work or material delivery. 'Acceptance' means completion of the entire public project.
Is there a waiting period before filing a public bond claim suit in Maryland?
Yes. Suit cannot be filed earlier than 90 days after the claimant last performed work or delivered materials. This 90-day waiting period gives the contractor time to make payment before litigation begins.
What are the bond requirements for Maryland public projects?
Payment bonds are mandatory for contracts over $100,000. Contracts between $25,000 and $100,000 may have bond requirements up to 50% of the contract price. The bond must be at least 50% of the total contract price.
What notice is needed before suing on a Maryland public bond?
Claimants whose contract is with a subcontractor (not the prime contractor) must provide written notice to the principal contractor within 90 days of last performance. §17-108. No preliminary notice is required.
Related Maryland Resources
Explore other critical compliance areas for Maryland construction mechanic lien law.
Notice Requirements
Subcontractor Notice to Owner obligations, single-family residential notice rules, and public works bond claim notice requirements under Maryland law
Mechanic Lien Deadlines
120-day Notice to Owner deadline, 15% threshold requirement, and mechanic lien petition filing procedures
Maryland Overview
Return to the main Maryland construction mechanic lien law page