What is mechanic’s lien? Can a mechanic’s lien be placed on government property?
June 29th, 2010 | 
Author: A mechanic’s lien is a permissible process which is legal, search for guarantee payment for contracted services on a property which is under construction. Depending on the rules and regulation of a particular state, suppliers, contractors and subcontractors can file a mechanic’s lien within a certain period of time compilation of the assigned work and not received the payment. Until and unless the debt is paid, the property-owner does not possess a clear title.
Types of mechanic’s lien
There are two types of mechanics liens subsisting in the US law. One is used by automobile industry (Service sector). It provides services on the following:
- Parts suppliers
- Auto mechanics
- Transport agents
- Impound yards
This type of lien usually applies to motor vehicle services and maintenance which were not paid for. Mechanic’s lien for motor vehicles requires the lien holder to take custody of the vehicle when the lien is filed. This is alike to bank reclamation. The lien possessor will notify the Department of Motor Vehicles that will inform all other persons involved.
Another type of mechanic’s lien is used by the building trade and construction. This lien service provides services on the following:
- Vendors
- Primary contractors
- Sub-contractors
- General Laborers
- Journeymen
This type of lien has an effect on both the land and the structure it sits upon also. In certain circumstances a sheriff’s auction will be held to reconcile the lien. This is like a bank foreclosure.
Can a mechanic’s lien be placed on a government property?
To be acquainted with the correct answer I have gone through many blogs and sites and they say that a lien can be applied next to any property unless the agreement is fulfilled. The lien goes against the service provider and may force the owner (the State) to pay their bill.
For Maryland contractors and proprietor understanding Maryland Mechanics Liens is important. Visit www.towsonattorney.com for any further assistance.
Posted in Mechanic’s Lien
Very good primer on this basic question for folks out there looking for creative remedies when unpaid for work they performed: the mechanics lien.
With respect to government projects, that is work performed on land owned by the government, each state seems to handle this differently, with some states allowing liens and others not allowing them. But, one thing is pretty constant across the country, and that is that when unpaid on a public works project, there should be some sort of bond to make a claim against.
On federal projects, it’s a Miller Act bond. On state projects, its a Little Miller Act bond.