Maryland Mechanic's Lien Deadlines

15% Minimum Threshold Requirement (§9-102)

Maryland law imposes a unique threshold for mechanic's lien eligibility. The amount claimed must be 15% or more of the total project value or the value of the new improvement. §9-102. If the work performed or materials furnished amount to less than 15% of the total project, the claimant cannot file a mechanic's lien.

This threshold applies to all claimant types including contractors, subcontractors, and materialmen. Claimants should carefully evaluate their claim amount relative to the total project value before pursuing a mechanic's lien in Maryland.

Contractor — Mechanic Lien Established Through Petition

Unlike many states, Maryland does not require a separate mechanic lien recording step. Instead, the mechanic's lien is established and enforced through a Petition to Establish and Enforce a Mechanic's Lien, which must be filed in court within 180 days of the contractor's last performance of work.

The petition must include 'all material papers' supporting the claim. No preliminary notice is required for contractors. The mechanic lien is established through the court filing process rather than through recording with a county clerk.

Subcontractor — Notice to Owner Then Petition

Subcontractors must first serve the Notice to Owner of Intention to Claim a Mechanic Lien within 120 days of last performance by certified mail. §9-104. After serving this notice, the subcontractor must then file a Petition to Establish and Enforce a Mechanic's Lien within 180 days of last performance.

A copy of the Notice to Owner must be attached to the petition when filed. Both deadlines are measured from the date of last performance, so subcontractors effectively have 120 days to serve notice and 180 days to file suit — but both must be accomplished within the 180-day period.

Measuring 'Last Performance'

Both the 120-day Notice to Owner deadline and the 180-day petition filing deadline are measured from the date of the claimant's last performance of work or last delivery of materials on the project. Minor punch list items or warranty work generally do not extend these deadlines.

Claimants should carefully document the date of their last substantive work or delivery to ensure accurate calculation of these critical filing deadlines.

Public Projects — No Mechanic's Lien Available

Mechanic's liens cannot be filed against public property in Maryland. On public construction projects, unpaid subcontractors, materialmen, and laborers must pursue payment through payment bond claims. Payment bonds are required for public contracts over $100,000.