Construction Liens in District of Columbia
Contents
Overview
Sources
D.C. Code §§ 40-301.01 et seq
Authorized Claimants
Every building erected, improved, added to, or repaired at the direction of the owner, or the owners authorized agent, and the land on which the same is erected 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 DC Code §40-301.01
Lien Priority
The lien hereby given shall be preferred to all judgments, mortgages, deeds of trusts, liens, and incumbrances which attach upon the building or ground affected by said lien subsequently to the commencement of the work upon the building...except that nothing herein shall affect the priority of a mortgage or deed of trust given to secure the purchase money for the land, if the same be recorded within 10 days from the date of the acknowledgment thereof (Purchase Money protection)... the lien hereinbefore authorized shall have priority to all advances made after the filing of said notices of lien... (DC Code 40-303.07)
Notices and Registries
Filing Deadlines
A contractor desiring to enforce the lien shall record in the land records a notice of intent 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 (DC Code 40-301.02(a)(1)
Enforcement Deadlines
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 any time 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 (DC Code 40-303.13)
