Bond or Lien Claim-Public 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.

Description: Notice of Claim on Bond and Lien for Public Improvement.

Scope: State of Maryland, Public Works.

Time Constraints: You may obtain a copy of the bond from the State Controller. See the Maryland Preliminary Notice, Public Works, memo for more information.

You must serve copies of the Notice of Claim on Bond and Lien for Public Improvement on the prime contractors, public entities and sureties within 90 days of last furnishing labor, materials or services. Payment bonds may have individual requirements, and you must look to the bond for specific restrictions.

Perfection: If payment is not received within 90 days of performance, you may bring legal action against 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 and any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. Public entities and 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: Notice of Claim on Bond and Lien for Public Improvement and Exhibits A-D, if needed.

Procedures: Prepare your documents using the required information. Within the time frames listed above, prepare your Notice of Claim on Bond and Lien for Public Improvement, and serve copies immediately on the public entities, prime contractors and sureties (Your sub-contractor is optional). After service, you may file suit any time after 90 days from the end of your performance.

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