Washington D.C. Notice Requirements
Notice Obligations for Private Works & Public Projects Under D.C. Code Ann.
Private Works — Contractor and Laborer Notice of Intention (§40-301.01)
Under D.C. law, contractors and laborers are not required to serve a formal preliminary notice before commencing work. However, to perfect mechanic lien rights, a contractor or laborer must file a Notice of Intention with the Recorder of Deeds at any time during the course of construction or within 90 days after last performance of work or furnishing of materials. D.C. Code Ann. §40-301.01.
In addition to filing with the Recorder of Deeds, the contractor or laborer must serve the Notice of Intention upon the owner of the property on which the mechanic lien is claimed. Proper service upon the owner is essential to preserving mechanic lien rights, and failure to serve the notice can result in the loss of the right to enforce the mechanic lien.
Private Works — Subcontractor Notice of Mechanic's Lien (§40-303.03)
Subcontractors in Washington D.C. are also not required to serve a preliminary notice before beginning work. However, subcontractors must serve a Notice of Subcontractor's Mechanic's Lien upon the property owner at the time of recording the mechanic lien with the Recorder of Deeds. 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. Subcontractors are also entitled to know the terms of the prime contract, including the amount due or to become due to the contractor. This information is critical for determining the maximum mechanic lien amount available to the subcontractor.
Licensing and Corporate Registration Prerequisites (§40-301.02)
A critical prerequisite unique to Washington D.C. is the requirement that any person seeking to file a Notice of Mechanic Lien must file copies of licenses and certificates of good standing along with the mechanic lien filing. The company must be registered as a foreign or domestic corporation in the District of Columbia before it can perfect mechanic lien rights. §40-301.02.
Obtaining these licenses and certificates of good standing may require a significant amount of time. Claimants and their counsel must plan well in advance to ensure that all corporate registration and licensing requirements are satisfied before the 90-day mechanic lien filing deadline expires. Failure to meet these prerequisites will prevent the filing of a valid mechanic lien.
Public Works — Bond Claim Notice Requirements (§2-357.02)
For public works projects in Washington D.C., first-tier subcontractors who have a direct contractual relationship with the general contractor are not required to give any preliminary notice or bond claim notice. Their right to file suit on the payment bond is preserved without a notice requirement.
Sub-subcontractors and materialmen to subcontractors, however, must give a Notice of Claim on Bond to the principal contractor within 90 days after the last work was performed or material was furnished or supplied by that claimant. The notice must state with substantial accuracy the amount claimed and the name of the party to whom materials or labor were supplied. Service must be made by registered mail, postage prepaid, to the contractor's address, or by any other authorized method of service.
Public Works — Bond Threshold and Applicability
It is important to note that no payment bond is required for public works contracts in Washington D.C. that are less than $100,000. D.C. Code §2-357.02. For projects below this threshold, subcontractors and suppliers may have limited recourse for nonpayment on public projects, as there is no bond against which to make a claim.
For projects at or above the $100,000 threshold, the general contractor is required to furnish a payment bond, and all eligible claimants should be aware of the bond claim procedures and deadlines to protect their payment rights.
Frequently Asked Questions
Is a preliminary notice required to file a mechanic lien in Washington D.C.?
No. Washington D.C. does not require contractors, laborers, or subcontractors to serve a formal preliminary notice before commencing work. However, contractors and laborers must file a Notice of Intention with the Recorder of Deeds during construction or within 90 days after last performance and serve it on the property owner (§40-301.01). Subcontractors must serve a Notice of Subcontractor's Mechanic's Lien on the owner at the time of recording (§40-303.03).
What licensing requirements must be met before filing a mechanic lien in Washington D.C.?
To file a Notice of Mechanic Lien in Washington D.C., the claimant must file copies of licenses and certificates of good standing with the Recorder of Deeds. The company must be registered as a foreign or domestic corporation in the District. Obtaining these certificates may require significant time, so claimants should begin the registration process well in advance of the 90-day mechanic lien filing deadline. §40-301.02.
Do sub-subcontractors need to give notice on public works projects in Washington D.C.?
Yes. On public works projects, sub-subcontractors and materialmen to subcontractors must give a Notice of Claim on Bond to the principal contractor within 90 days after the last work was performed or material was furnished. The notice must state with substantial accuracy the amount claimed and the name of the party to whom labor or material was supplied. Service must be by registered mail, postage prepaid, to the contractor's address. §2-357.02.
Is a payment bond required on all public works projects in Washington D.C.?
No. A payment bond is not required for public works contracts in the District of Columbia that are less than $100,000. D.C. Code §2-357.02. For projects below this threshold, subcontractors and suppliers should be aware that there may be no bond against which to make a payment claim, potentially limiting their recourse for nonpayment.
Can a subcontractor learn the terms of the prime contract in Washington D.C.?
Yes. Under D.C. law, a subcontractor is entitled to know the terms of the prime contract, including the amount due or to become due to the original contractor. This information is important because the subcontractor's mechanic lien is limited to the amount due or to become due under the prime contract. D.C. Code §40-303.03.
Related Washington D.C. Resources
Explore other critical compliance areas for Washington D.C. construction mechanic lien law.
Mechanic Lien Deadlines
90-day mechanic lien recording deadline, filing requirements with the Recorder of Deeds, corporate registration, and mechanic lien amount limitations
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