A mechanic's lien is a claim created by statute to secure priority of payment for labor performed or materials furnished in the making of improvements on real property. A mechanic's lien covers the land as well as improvements on the land. Mechanics' liens are purely statutory in origin, and a mechanic's lien may not exist unless it is expressly created by the terms of a statute.
Statutes frequently require the lienholder to give notice of a claim of lien. Local statutes must be consulted to determine applicable requirements with respect to particular types of lien notices.
Maryland Pre-open Notice to Owner of Intention to Claim Mechanic's Lien for Services Provided is a crucial document that serves as a formal notice to property owners in Maryland when a contractor or subcontractor intends to claim a mechanic's lien for services provided. This notice is a legal requirement and plays a significant role in protecting the rights of construction professionals who have not been paid for their work. Keywords: Maryland, Pre-open Notice, Owners, Intention, Claim Mechanic's Lien, Services Provided. There are different types of Maryland Pre-Lien Notices, depending on the position of the party involved in the construction project. These notices include: 1. Notice to Owner from Contractor: Contractors providing services or materials for a construction project must send a Pre-open Notice to the property owner, informing them of their intention to claim a mechanic's lien if they remain unpaid for their work. This notice should be sent within 120 days of the last day of work. 2. Notice to Owner from Subcontractor: Subcontractors and suppliers who work under a contractor, rather than directly with the property owner, must also send a Pre-open Notice to the owner. This notice notifies the owner of the subcontractor's intent to claim a mechanic's lien if they do not receive payment from the contractor. This notice should be sent within 120 days of the last day of work. 3. Notice to Owner from Sub-Subcontractor: Sub-subcontractors, who work under subcontractors rather than dealing directly with the contractor, also have the rights to file a mechanic's lien. To do so, they must send a Pre-open Notice to the property owner, stating their intentions. This notice should be sent within 180 days of the last day of work. All Maryland Pre-Lien Notices should include specific information such as: — The name and address of the property owner — The name and address of the claimant (contractor, subcontractor, or sub-subcontractor) — A description of the services provided or materials supplied — The amount owed for the work or materials — The name and address of the party who hired the claimant (if applicable) — The address of the property where the work was performed or materials were delivered — A statement indicating the claimant's intention to claim a mechanic's lien if payment is not received within a certain timeframe Sending a Pre-open Notice serves as a formal notification to the property owner, establishing the claimant's rights to a mechanic's lien. It is crucial for both contractors and subcontractors to comply with the strict timing and content requirements to protect their rights and ensure they have a valid claim in case of non-payment.
