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Can I file a mechanics lien?

MarylandCollectionsMechanics Lien

My Virginia based company provided low voltage cabling and equipment installation to a restaurant in Baltimore. Can I place a mechanics lien on the restaurant since they have not paid our invoice in full? The balance is over 4 months past due.

4 replies

Nov 11, 2022

Is your company authorized to do business in Maryland and does it have either an electrical contractor's license or an electrical restricted low voltage license issued by the jurisdiction where the work was performed? In MD, a petition to establish a lien must be filed within 180 days of last work (better to count from completion of original work vs punchlist). That will require you to hire a lawyer to prepared and file the petition, and then to conduct the petition hearing if the other side does not consent to establishment of the lien. Once the lien is established, then the proceedings move on in much the same manner as a breach of contract case. My suggestion is that you consult a construction attorney in Baltimore to understand the procedures, risks, and costs. There may be other avenues of relief, such as Maryland's prompt payment statute, etc. See MD Real Property Code 9-302 and 9-303. 

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Nov 11, 2022

I agree with the other answer. You also want to be sure you aren't a subcontractor in a situation where the prime contractor has already been paid out. This could hurt your prospects of securing a mechanic's lien against the owner.

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Nov 11, 2022
Good morning. Our firm would be happy to consult on this topic. We handle many forms of construction disputes. You can schedule a consult using this link:: evanslaw.link/consult.
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Nov 14, 2022
Why not just let a certified commercial collection agency licensed and bonded in MD collect the debt on a contingency bases and depending on your contract the cost could be added to the collection. Best regards getting paid.
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