Washington D.C. Mechanic Lien Deadlines
Mechanic Lien Recording Requirements and Filing Deadlines Under D.C. Code Ann. Division VII, Title 40, Chapter 3
Contractor and Laborer — 90-Day Filing Deadline (§40-301.01)
Contractors and laborers in Washington D.C. must file a Notice of Intention with the Recorder of Deeds within 90 days of last performance of work or furnishing of materials. The Notice of Intention may also be filed at any time during the course of construction. D.C. Code Ann. §40-301.01.
The 90-day period is measured from the date of last performance — meaning the last date on which the contractor or laborer provided labor, services, or materials to the project. Filing after the expiration of the 90-day period will result in the loss of mechanic lien rights. Claimants should carefully document and verify their last date of performance to ensure timely filing.
Subcontractor — 90-Day Mechanic Lien Recording Deadline (§40-303.03)
Subcontractors must record their mechanic lien in the office of the Recorder of Deeds and serve notice upon the property owner within 90 days of the last day of work. D.C. Code §40-303.03. The subcontractor's mechanic lien is limited to the amount due or to become due to the original contractor under the prime contract.
At the time of recording, the subcontractor must serve a Notice of Subcontractor's Mechanic's Lien upon the owner. Failure to serve the owner at the time of recording may invalidate the mechanic lien. Subcontractors should ensure that both recording and service occur simultaneously or in close sequence to comply with statutory requirements.
Filing Prerequisites — Licenses and Certificates of Good Standing (§40-301.02)
Before filing a mechanic lien in Washington D.C., all claimants must satisfy certain administrative prerequisites. The claimant must file copies of licenses and certificates of good standing along with the Notice of Mechanic Lien. The company must be registered as a foreign or domestic corporation in the District of Columbia. §40-301.02.
These requirements can create a significant time burden, as obtaining the necessary certificates and completing corporate registration may take weeks. Claimants who are not already registered in the District should begin the registration process immediately upon commencing work on a D.C. project to avoid missing the 90-day filing deadline.
Mechanic Lien Amount Limitations for Subcontractors
Under D.C. law, a subcontractor's mechanic lien is limited to the amount due or to become due to the original contractor under the prime contract. D.C. Code §40-303.03. This means the subcontractor cannot mechanic lien for more than what the owner owes (or will owe) to the general contractor.
Subcontractors should request information regarding the terms of the prime contract, including amounts paid and amounts remaining, before recording a mechanic lien. This will help ensure the mechanic lien amount does not exceed the statutory limitation and is defensible in any subsequent enforcement proceeding.
Where to File — Recorder of Deeds
All mechanic liens in Washington D.C. must be recorded with the Recorder of Deeds for the District of Columbia. The Notice of Intention (for contractors and laborers) and the Notice of Subcontractor's Mechanic's Lien (for subcontractors) must be filed in this office to be effective. The filing must include all required supporting documentation, including copies of licenses and certificates of good standing.
Claimants should verify the current filing requirements, fees, and accepted formats with the Recorder of Deeds office before submission. Incomplete filings may be rejected, potentially causing the claimant to miss the 90-day recording deadline.
Public Works — No Mechanic Lien Available; Bond Claim Required
On public works projects in Washington D.C., mechanic liens are not available against public property. Instead, claimants must pursue payment through a bond claim under D.C. Code §2-357.02. No bond is required for contracts less than $100,000, so claimants on smaller public projects may have limited remedies.
For projects where a bond is required, first-tier subcontractors do not need to provide any notice to preserve their bond claim rights. Sub-subcontractors and materialmen must give a Notice of Claim on Bond to the principal contractor within 90 days after the last work or materials were furnished.
Frequently Asked Questions
What is the deadline to file a mechanic lien in Washington D.C.?
Contractors and laborers must file a Notice of Intention with the Recorder of Deeds within 90 days of last performance of work or furnishing of materials (§40-301.01). Subcontractors must record their mechanic lien in the office of the Recorder of Deeds within 90 days of the last day of work (§40-303.03). Filing after the 90-day deadline results in loss of mechanic lien rights.
Is a subcontractor's mechanic lien limited in amount in Washington D.C.?
Yes. A subcontractor's mechanic lien in Washington D.C. is limited to the amount due or to become due to the original contractor under the prime contract. D.C. Code §40-303.03. The subcontractor cannot mechanic lien for more than what the owner owes or will owe to the general contractor. Subcontractors are entitled to request information about the terms of the prime contract.
Must a company be registered in D.C. to file a mechanic lien?
Yes. To file a Notice of Mechanic Lien in Washington D.C., the claimant must file copies of licenses and certificates of good standing, and the company must be registered as a foreign or domestic corporation in the District. §40-301.02. This registration process can take significant time, so claimants should begin well before the 90-day filing deadline.
Where are mechanic liens filed in Washington D.C.?
All mechanic liens in Washington D.C. are filed with the Recorder of Deeds for the District of Columbia. The Notice of Intention (for contractors and laborers) or the Notice of Subcontractor's Mechanic's Lien (for subcontractors) must be recorded in this office along with copies of required licenses and certificates of good standing.
Can a mechanic lien be filed against public property in Washington D.C.?
No. Mechanic liens are not available against public property in Washington D.C. On public works projects, claimants must pursue payment through a bond claim under D.C. Code §2-357.02. A payment bond is required for public contracts of $100,000 or more. Sub-subcontractors and materialmen must give a Notice of Claim on Bond to the principal contractor within 90 days after last furnishing.
Related Washington D.C. Resources
Explore other critical compliance areas for Washington D.C. construction mechanic lien law.
Notice Requirements
Notice of Intention, Notice of Subcontractor's Mechanic's Lien, licensing prerequisites, and public works bond notice obligations under D.C. Code
Mechanic Lien Enforcement Deadlines
180-day enforcement period for private mechanic liens, public works bond claim suit deadlines, and filing timing requirements
Washington D.C. Overview
Return to the main Washington D.C. construction mechanic lien law page