In order to preserve lien rights, contractors under residential construction contracts must post a notice of commencement of work on the Registry within ten (10) days of starting work, as well as inform the owner in writing of the names and contact information of the individuals or companies involved in the project. Subcontractors involved in residential construction projects must submit a notice online (§ 572.13B) or lose their lien rights.
By filing a lien, workers apply pressure on the owner as they will not be able to sell the property or obtain financing against it until the balance due is settled. If they still fail to pay the worker/supplier, the claimant can enforce the lien and initiate legal proceedings.
Laws & Requirements
- Laws: Title XIV, Subtitle 3, Chapter 572
- Signing Requirements (§ 572.8(1)): Notary Public
- Time Limit for Recording Lien (§ 572.9 and § 572.10): Two (2) years and ninety (90) days after completion of labor or furnishing materials. Claimants recording liens after ninety (90) days must provide written notice of the lien to the owner.
- Deadline for Enforcing Lien (§ 572.27): Two (2) years and ninety (90) days after the completion of labor or furnishing of materials.
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