Washington, D.C. mechanics lien law and deadlines
In the District you record a notice of intent with the Recorder of Deeds during construction or within 90 days after completion or termination, mail a copy to the owner within 5 business days, and file suit within 180 days after recording.
A mechanic's lien in Washington, D.C. starts with a recorded notice of intent. Under D.C. Code § 40-301.02, the contractor records it in the land records kept by the Office of the Recorder of Deeds, either while work is underway or within 90 days after the earlier of completion or termination of the project. A copy goes to the owner by certified mail within 5 business days after recording. Then the claimant has 180 days from recording to file suit and 10 days after filing to record a notice of pendency of action. Miss any of those steps and the lien terminates. The rules are in Title 40, Chapter 3 of the D.C. Code.
| Step | Deadline or rule | D.C. Code |
|---|---|---|
| Who can lien | The contractor hired by the owner, plus subs, material suppliers, and laborers employed directly by that contractor | §§ 40-301.01, 40-303.01 |
| Notice amount to owner (subs) | Written notice of amounts due; makes later owner payments to the GC prima facie not in good faith | § 40-303.02(b) |
| Notice of intent | Record during construction or within 90 days after the earlier of completion or termination | § 40-301.02(a)(1) |
| Copy to owner | Certified mail within 5 business days after recording; post on the property if returned | § 40-301.02(a)(2) |
| Where to record | Land records, Office of the Recorder of Deeds | § 40-301.03(3) |
| Enforcement suit | Within 180 days after the notice of intent is recorded | § 40-303.13(a) |
| Notice of pendency | Record within 10 days after filing suit | § 40-303.13(a)(1)(B) |
| Public projects | No lien; payment bond on District contracts over $25,000 | § 2-201.01 |
Who has lien rights in D.C.
Section 40-301.01 gives a lien to the contractor who contracted with the owner (or the owner's authorized agent) for erecting, improving, adding to, or repairing a building, for the contract price or, without an express contract, the reasonable value of the project. Section 40-303.01 extends the same rights to any person "directly employed by" that original contractor, whether a subcontractor, materialman, or laborer. Read that language carefully if you are a second-tier sub or a supplier to a sub: the statute speaks of persons employed by the original contractor, so confirm your position before you count on a lien. Design professionals are not named in the chapter. A "project" is defined as work or materials provided by a contractor, including fixtures.
Subcontractor liens and the notice amount
A D.C. sub's lien rides on the money still owed to the general contractor. Under § 40-303.02(a), the lien is limited to the amount due or to become due but unpaid to the original contractor, and it is cut down if the GC breached its own contract. Under § 40-303.02(b), if the owner in good faith has paid the GC in full, subs lose the right to a lien. The way to protect yourself is a written "notice amount": tell the owner in writing what you are owed while the owner still owes the GC at least that much. That notice is prima facie evidence that any later payment to the GC was not in good faith. A contract clause forbidding you to contact the owner is void to the extent it blocks this notice.
That notice amount is the closest the District comes to a preliminary notice. It has no fixed deadline in the statute, which is exactly why to send it early. Picture a mechanical sub owed $94,000 on a Capitol Hill rowhouse conversion. If the owner pays the GC's final $120,000 draw before hearing from that sub, the sub's lien can disappear. If the notice lands first, the owner pays the GC at its own risk. Subs can also demand the contract terms and the amount still due to the GC under § 40-303.05; if the owner refuses or lies, the property is liable as if no payments had been made.
What the notice of intent must include
- Name and address of the contractor (or registered agent) and of the owner (or registered agent).
- The party against whose interest the lien is claimed and the amount, less credits for payments received through the notice date.
- A description of the work with start and completion dates, and of materials with first and last delivery dates.
- A legal description and, if available, the street address.
- A copy of the contractor's current D.C. business license and a certificate of good standing issued within 180 days, or the equivalent from another jurisdiction for an out-of-District contractor, to the extent available.
- A copy of the home improvement contract if the job is under one.
- A sworn, notarized statement that the contents are true and the contractor has a right to recover the amount claimed.
A notice of intent that does not include these items is void under § 40-301.02(a)(1). Subcontractors also serve the notice on the owner or its agent, or post it on the premises if neither can be found (§ 40-303.03). Until a sub does, the owner can keep paying the GC under the contract, reducing what the sub can reach.
Enforcing the lien
Enforcement is a bill in equity asking that the owner's interest be sold to pay the lien (§ 40-303.08). It has to be filed within 180 days after the notice of intent was recorded, and a notice of pendency of action has to be recorded in the land records within 10 days after filing; missing either one terminates the lien (§ 40-303.13). If a sub sues, the GC and other lien claimants must be joined. In the suit, the owner can release the property by paying the claim into court or posting an approved undertaking with surety, and the undertaking can also be offered before any suit is filed (§§ 40-303.16, 40-303.17). Once paid, a lienor who fails to enter satisfaction on demand forfeits $50 plus damages (§ 40-303.15).
Lien waivers in D.C.
Chapter 3 does not set out a statutory lien waiver form or a general ban on advance waivers. One protection does exist: under § 40-303.02(a), a sub's lien is subject to the prime contract's terms except those relating to the original contractor's right to waive liens on behalf of the people it hires. So a GC cannot waive a sub's lien rights for it in the prime contract. Use clear conditional waivers for progress payments and switch to unconditional only when funds clear.
Home improvement and residential work
The District defines "home improvement" as repair, remodeling, alteration, conversion, or modernization of, or addition to, residential real property, and a "home improvement contract" as a written agreement in a form approved by the Department of Buildings (§ 40-301.03). If your job falls under a home improvement contract, the notice of intent must attach a copy of it. Check licensing and registration requirements in the D.C. contractor license guide before you start residential work.
Public projects use payment bonds instead
District property cannot be liened. Under § 2-201.01, before a contract over $25,000 for a public building or public work of the District is awarded, the contractor furnishes a performance bond and a payment bond. The payment bond is half the contract amount on contracts up to $1,000,000, 40 percent between $1,000,000 and $5,000,000, and $2,500,000 above that. Under § 2-201.02, a supplier or sub who has no contract with the bonded prime must give written notice to the prime within 90 days after its last labor or materials. See also D.C. prompt payment and D.C. prevailing wage rules.
Frequently asked questions
How long do I have to file a mechanic's lien in D.C.?
Record the notice of intent during construction or within 90 days after the earlier of completion or termination of the project (D.C. Code § 40-301.02). Mail a copy to the owner by certified mail within 5 business days after recording.
Does D.C. require a preliminary notice?
There is no mandatory pre-job notice. Subcontractors and suppliers should send the owner a written notice amount under § 40-303.02(b), because once the owner pays the GC in full in good faith, subs lose lien rights.
How long does a D.C. mechanic's lien last?
The claimant must file suit within 180 days after the notice of intent is recorded and record a notice of pendency of action within 10 days after filing. Otherwise the lien terminates (§ 40-303.13).
Can I lien a D.C. government project?
No. Contracts over $25,000 for District public buildings or public works require a payment bond under § 2-201.01. Claimants who dealt only with a subcontractor must give the prime written notice within 90 days after their last work (§ 2-201.02).
Where is a D.C. notice of intent recorded?
In the land records maintained by the Office of the Recorder of Deeds of the District of Columbia (§ 40-301.03).
Sources
- D.C. Law Library: D.C. Code Title 40, Chapter 3 (Mechanics, Materialmen, and Contractors)
- D.C. Law Library: D.C. Code § 2-201.01, Bonds required from public contractors
- D.C. Law Library: D.C. Code § 2-201.02, Rights of laborers and materialmen to sue on payment bonds
Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.