Bond or Lien Claim-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Mechanic's or Material man’s Lien and Petition to Enforce.

Scope: State of Maryland, Private Works.

Time Constraints: You must have served a Notice of Intent to File a Lien, Stop Notice or Bond Claim on the owners with in the statutory time frame, or you cannot claim a lien (See Maryland Lien Warning Notice, Private Works, memo for more information). And, you must have an attorney file for a mechanic’s lien in Maryland. It is required by law.

Further, your claim for repaired, rebuilt or improved real property must be at least 15% of the value of the property to enforce your lien.

You must file your Mechanic's or Material Man’s Lien and Petition to Enforce with the county recorder's office where the project is located within 180 days of last furnishing labor, materials or services. Serve copies of the lien claim on the owner after filing.

Important: Your lien will be for the full amount due unless the job was for a single-family residence, whereas the liable shall be only for sums due or becoming due the prime contractor.

Perfection: To perfect your Mechanic's or Material man’s Lien, you must file suit to enforce the lien within 1 year of your filing the original claim with the county recorder’s office.

Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Mechanic's Lien file suit against the sureties within the time limitations stated in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up! Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Mechanic's or Material man’s Lien and Petition to Enforce, Exhibit's A-D, if needed, and Recorder's Letter.

Procedures: Prepare your documents using the required information. File your Mechanic's or Material man’s Lien and Petition to Enforce. Serve copies upon the owners (your customer is optional) and sureties. At this point you are ready to file suit to enforce all of your claims in one action.

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