In District of Columbia construction disputes the deadline that bites first is not the general limitation period — it is the lien timetable. D.C. Code § 40–301.01 creates a mechanic’s lien on a building erected, improved, added to or repaired at the owner’s direction. To use it, a contractor must record a notice of intent in the land records (§ 40–301.02), and suit to enforce must be filed within 180 days of that notice (§ 40–303.13). Miss the lien route and you are left with contract remedies alone.
What is a mechanic’s lien?
A D.C. mechanic’s lien attaches to the building and to the land in favor of the contractor who contracted with the owner, for the contract price or, absent an express contract, the reasonable value of the work.
Every building erected, improved, added to, or repaired at the direction of the owner, or the owner’s authorized agent, and the land on which the same is erected, intended to be used in connection therewith, or necessary to the use and enjoyment thereof, to the extent of the right, title, and interest, at that time existing, of the owner, shall be subject to a lien in favor of the contractor who contracted with the owner, in the amount of the contract price or, in the absence of an express contract, the reasonable value of the project; provided, that to enforce the lien, the contractor claiming the lien shall record in the land records a notice of intent and comply with the other procedures prescribed in this chapter. ( Mar. 3, 1901, 31 Stat. 1384, ch. 854, § 1237 ; Oct. 20, 2005, D.C. Law 16-31, § 2(b), 52 DCR 7195 .)…
D.C. Code § 40–301.01 — Mechanic’s lien
The notice of intent
The notice of intent must be recorded in the land records during construction or within 90 days after the earlier of completion or termination, and a lien whose notice misses that window terminates.
(a) (1) A contractor desiring to enforce the lien shall record in the land records a notice of intent that identifies the property subject to the lien and states the amount due or to become due to the contractor. The notice of intent shall be recorded during the construction or within 90 days after the earlier of the completion or termination of the project. If the notice of intent is not recorded in the land records during the construction or within 90 days after the earlier of the completion or termination of the project, the contractor’s lien shall terminate upon the expiration of the 90-day period. A notice of intent that does not comply with subsection (b) of this section shall be void. (2) Any contractor who records timely a notice of intent in accordance with subsection (a)(1) of th…
D.C. Code § 40–301.02 — Notice
Recording is the step that converts a right into a lien. It is administrative, and it is where claims are most often lost.
Subcontractors, materialmen and laborers
A subcontractor, materialman, or laborer employed directly by the original contractor holds the same lien rights, and is subject to the same obligations, as that contractor.
Any person directly employed by a contractor described by § 40-301.01 (any such contractor also referred to herein as original contractor), whether the person is a subcontractor, materialman, or laborer, to furnish work or materials for the completion of the project, shall be entitled to the same rights and subject to the same obligations as the original contractor under this chapter, subject to the conditions and limitations set forth in this chapter. ( Mar. 3, 1901, 31 Stat. 1384, ch. 854, § 1239 ; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 5, 1966, 80 Stat. 265, Pub. L. 89-493, § 15(a) ; Mar. 19, 2002, D.C. Law 14-84, § 2(b), 49 DRC 198 ; Oct. 20, 2005, D.C. Law 16-31, § 2(d), 52 DCR 7195 .)…
D.C. Code § 40–303.01 — Subcontractor’s lien
The 180-day deadline
Enforcing a recorded lien requires filing suit within 180 days after the notice of intent was recorded and recording a notice of pendency within 10 days of filing; missing either step terminates the lien.
(a) (1) Any person with a lien and who has recorded a valid notice of intent shall only enforce the lien by: (A) Filing suit under § 40-303.08 to enforce the lien at anytime within 180 days after the date that the notice of intent is recorded in the land records; and (B) Recording, within 10 days of filing suit, a notice of pendency of action in accordance with § 42-1207(b) in the land records. (2) Failure to file suit within the 180-day period or to file timely a notice of pendency of action shall terminate the lien. ( Mar. 3, 1901, 31 Stat. 1387, ch. 854, § 1251 ; Mar. 19, 2002, D.C. Law 14-84, § 2(c), 49 DCR 198 ; Oct. 19, 2002, D.C. Law 14-213, § 25, 49 DCR 8140 ; Oct. 20, 2005, D.C. Law 16-31, § 2(g), 52 DCR 7195 .)…
D.C. Code § 40–303.13 — When suit to be commenced
| Step | Timing | Section |
|---|---|---|
| Record notice of intent in the land records | Before enforcement | § 40–301.02 |
| File suit to enforce the lien | Within 180 days of the notice of intent | § 40–303.13 |
| Contract claim (alternative route) | 3 years | § 12–301(7) |
| Damage to real or personal property | 3 years | § 12–301(3) |
Where the dispute is about the property itself rather than the works, see commercial real estate litigation.
Frequently asked questions
How long do we have to enforce a lien?
§ 40–303.13 requires suit within 180 days after the date the notice of intent was recorded. It is far shorter than the general contract period.
Do subcontractors have lien rights?
§ 40–303.01 addresses persons directly employed by an original contractor, including subcontractors, materialmen and laborers.
What if we missed the lien deadline?
Contract remedies may remain, generally on a three-year period under § 12–301(7), but the security a lien provides is lost.
Does a lien attach to the land as well as the building?
§ 40–301.01 refers to the building and the land on which it is erected, intended to be used in connection with it, or necessary to its use and enjoyment.
Who can claim a mechanic’s lien in the District?
The contractor who contracted with the owner, and by extension anyone directly employed by that contractor. D.C. Code § 40–301.02 gives a subcontractor, materialman or laborer the same rights and the same obligations as the original contractor, subject to the chapter’s conditions.
Why do the lien deadlines matter more than the contract terms?
Because they decide whether the claim is secured at all. A missed notice of intent or a missed 180-day filing does not merely weaken the position; the lien terminates, leaving an unsecured claim against whoever promised to pay.
Where is a lien enforced, and in what form?
In the Superior Court of the District of Columbia. Under D.C. Code § 40–303.08 the proceeding is a bill in equity that states the contract, the amount due, when the notice was filed with the Recorder of Deeds and when the work was completed, and prays that the owner’s interest be sold and the proceeds applied to the lien.
How does a claimant keep the lien alive once suit is filed?
By recording a notice of pendency of action in the land records within 10 days of filing suit. Failure to file suit within the 180-day period or to record that notice in time terminates the lien.
What does it cost to lose the lien?
The security, not the debt. The underlying contract claim survives and generally runs three years under D.C. Code § 12–301(7), but it is no longer attached to the building and the land, so it ranks alongside every other unsecured creditor.
Sources and legal authorities
- D.C. Code § 40–301.01 — Mechanic’s lien
- D.C. Code § 40–301.02 — Notice
- D.C. Code § 40–303.01 — Subcontractor’s lien
- D.C. Code § 40–303.13 — When suit to be commenced
- D.C. Code § 12–301 — Limitation of actions
General information about D.C. law, not legal advice. Which rule applies depends on the entity, the agreement and the facts.
Related: Commercial Real Estate Litigation · Contract Disputes · Creditor / Debtor Disputes · Business Litigation. Call (301) 901-3109 or use the contact page.