In our companion posts, we looked at the quirks that make Virginia’s and Maryland’s mechanic’s lien laws unique. Cross the river again into Washington, D.C., and you land in a third system with its own personality. Washington, D.C.’s mechanic’s lien law borrows a little from each neighbor but lands closer to Virginia: It’s generally protective of contractors, and a claimant doesn’t need a judge’s blessing before the lien exists. If you are a contractor or owner on a project in D.C., these features are worth understanding.
Link to Where Do I Find D.C.’s Mechanic’s Lien Law? Where Do I Find D.C.’s Mechanic’s Lien Law?
Washington, D.C.’s mechanic’s lien statute lives in Title 40, Chapter 3 of the D.C. Code. There is limited case law interpreting it, so claimants and owners often have to work from the statutory text itself rather than a body of court decisions filling in the gaps.
Link to The Lien Exists Before It’s Filed — and “Relates Back” The Lien Exists Before It’s Filed — and “Relates Back”
The right to a mechanic’s lien in Washington, D.C. arises as soon as labor or materials are first furnished to the project — no petition or court order is required. This means that for purposes of determining priority of completing liens, a mechanic’s lien “relates back” to first performance.
Link to The Lien Must Be Filed Within 90-Days of Project Completion The Lien Must Be Filed Within 90-Days of Project Completion
The notice of mechanic’s lien must be filed with the recorder of deeds within 90 days after completion (or termination) of the entire project. For a subcontractor who finished the scope early, this can create a surprisingly generous window, since the clock doesn’t start running until the entire project wraps up (or is abandoned). There’s some uncertainty in how “the project” is defined when multiple contractors work on different scopes at different times, so claimants should still treat their own last date of work as the safer benchmark when in doubt.
Link to The Lien Must Be Served by Certified Mail The Lien Must Be Served by Certified Mail
Filing the notice in the land records doesn’t finish the process. The claimant also must serve a copy on the owner by certified mail within five business days of recording (posting the notice at the property is a backup if certified mail is returned unclaimed). The statute also requires contractors to include “[a] copy of the contractor’s current license to do business in the District issued by the Department of Licensing and Consumer Protection.” For home improvement projects, the contractor must include “a copy of the home improvement contract[.]” The lien notice must also include a sworn notarized statement affirming under penalty of perjury and upon personal knowledge that (i) the contents of the notice of intent are true and correct to the best of the contractor’s information and belief, and (ii) the contractor has a right to recover the amount claimed.
Link to The Owner’s Payment Defense The Owner’s Payment Defense
An owner who has paid the general contractor in full prior to getting a subcontractor’s notice of lien can assert the payment defense. Under those circumstances, payment is a complete defense that will defeat the subcontractor’s lien. The payment defense is not available if the owner makes payments to the general contractor after receiving the subcontractor’s notice or refuses to provide a copy or accounting of the prime contract.
Link to No Sub-Subcontractor Liens No Sub-Subcontractor Liens
D.C. lien rights stop one tier down. A contractor with a direct contract with the owner, and any subcontractor working directly for that contractor, has lien rights. A sub-subcontractor does not. If you’re two or more contractual layers removed from the owner or the general contractor, the mechanic’s lien statute simply doesn’t reach you.
Link to Enforcement Runs on Its Own Clock — 180 Days, Plus a Lis Pendens Enforcement Runs on Its Own Clock — 180 Days, Plus a Lis Pendens
Filing the notice only perfects the lien; it still has to be enforced. A claimant must file suit within 180 days of recording the notice. A notice of the pending lawsuit (a lis pendens) must also be recorded in the land records.
Link to The Takeaway The Takeaway
D.C.’s mechanic’s lien exists from the first day of work and doesn’t require court approval. But that right only holds up if the deadlines for filing, serving, and enforcing it are met. A mechanic’s lien also isn’t the only option — claimants can bring a breach-of-contract claim instead of, or alongside, a lien.