Lusby, MD asked in Civil Litigation for Maryland

Q: Small business did some subcontractor work for a General contract and they have not paid me and have gone ghost .

Over $ 5,000 and I would like to put a lien on the property

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1 Lawyer Answer
Mark Oakley
Mark Oakley
  • Rockville, MD
  • Licensed in Maryland

A: Assuming this is contruction on real property, if it is a private residence then the dollar value of the entire project (of which your subcontract is a part) must be equal to or greater than 15% of the value of the property itself or you cannot assert a mechanic's lien. You must first serve written notice of an intent to file a mechanic's lien on the property owner within 120 days of the last date you provided materials or labor to the project, and then file suit within 180 days after that notice. $5,000 is not very much money to justify the cost and expense of a mechanic's lien petition. You are in Small Claims territory here, and that's probably where you should pursue your claim.

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