Full question:
I am a subcontractor for a kitchen remodeling company. I filed liens against 4 homeowners. If the homeowner has paid the kitchen contractor and the contractor hasn't paid me, will the homeowner still have to pay me to release the lien?
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Maryland
Answer:
A lien gives a subcontractor the right to retain possession of a property until payment is made for work done. In construction, mechanics' liens protect subcontractors and suppliers by allowing them to claim a lien against the property if they are not paid. If a homeowner has paid the general contractor but the contractor has not paid you, the homeowner may still be liable to pay you to release the lien.
In many states, including Maryland, homeowners are encouraged to obtain lien releases from subcontractors to ensure that their property is free of liens. If you have filed a lien and the homeowner has not received a lien release, they may need to pay you directly to clear the lien, especially if they did not ensure that you were paid before making payments to the contractor. This is because the lien remains attached to the property until the amount owed is satisfied. It’s important to follow the specific legal processes outlined in the relevant statutes, such as filing requirements and timelines, to protect your rights (Md. Code Ann., Real Prop. § 9-104).
If you need further assistance, consider consulting with a legal professional who specializes in construction law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.