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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules on who can lien, what notices are required, and when liens must be filed and enforced. This guide walks through the essentials of Washington, D.C.'s lien rights so you can better protect your right to be paid.
Not required
Not required, but submitting one can reduce payment problems later
Not required, but submitting one can reduce payment problems later
Not required
Not required
Not required
Within 90 days after the earlier of the project completion or termination
Within 90 days after the earlier of the project completion or termination
Within 90 days after the earlier of the project completion or termination
Within 180 days after filing the lien
Within 180 days after filing the lien
Within 180 days after filing the lien
Contract price, or the reasonable value of the work if no express contract exists
Unpaid amounts due minus what the owner owes the GC
Unpaid labor worked minus what the owner owes the GC
Mechanic's lien rights in Washington, D.C., are governed by D.C. Code §§ 40-301.01—40-301.03 and §§ 40-303.01—40-303.20a. These statutes apply only to private construction projects. (Public projects are handled differently.)
In Washington, D.C., the mechanic's lien itself is called a "Notice of Intent"—which can be confusing because, in many other states, a "notice of intent" refers to a preliminary notice sent before filing. Here in D.C., there's no required preliminary notice at all—you can file your lien claim (the Notice of Intent) directly.
That covers it at a high level; let's dig into the details.
Under Washington, D.C., law, mechanic’s lien rights generally extend to:
- General (original) contractors
- Subcontractors directly employed by the GC
- Material suppliers and materialmen directly employed by the GC
- Laborers directly employed by the GC
In Washington, D.C., a mechanic’s lien may secure payment for labor or materials provided for the erection, construction, improvement, repair, or addition to real property at the direction of the owner or the owner’s authorized agent (D.C. Code §§ 40-301.01, 40-301.03).
Here’s what that typically entails.
Lienable Work in Washington, D.C.
- Construction or improvement of private buildings
- Repairs, remodels, and additions
- Labor performed on a qualifying project
- Materials furnished for and incorporated into the project
- Work or materials that become fixtures
Non-Lienable Work in Washington, D.C.
- Work on public projects
- Work unrelated to improving the real property
- Personal property repair covered by artisan’s lien statutes
- Work not authorized by the owner or the owner’s agent
To file a mechanic’s lien in Washington, D.C., record a Notice of Intent in the land records.
Deadline to File
All claimants must record a Notice of Intent during construction or within 90 days after the project completion or project termination, whichever comes first (D.C. Code § 40-301.02(a)(1)).
Filing Requirements
- Filing location: File in the land records maintained by the Office of the Recorder of Deeds.
- Form requirements: The Notice of Intent must include this information:
- Contractor name and address
- Owner name and address
- Party against whose interest the lien is claimed
- Amount claimed (minus credits)
- Work description plus start and complete dates
- Materials description plus first and last delivery dates
- Legal description of the property
- Required licensing and good-standing documents, when applicable
- Verification: The lien must contain a sworn, notarized statement that the contents therein are true and the claimant has the right to lien (D.C. Code § 40-301.02(b)(9)).
- Filing fee: Not specified
Service Requirements
After recording the lien:
- GCs must send a copy of the recorded lien to the owner by certified mail within 5 business days after filing. If it’s returned as undeliverable, a copy must be posted on the property in a location generally visible from an entry point (D.C. Code § 40-301.02(a)(2)).
- Subs, suppliers, and laborers must serve a copy of the lien to the owner, or post a copy on the property if the owner can’t be found (D.C. Code § 40-303.03).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Washington, D.C.
Enforcement Requirements
- Enforcement deadline: File a foreclosure lawsuit (“bill in equity”) within 180 days after the Notice of Intent is recorded.
- Additional filing: Must record a notice of pendency action (lis pendens) within 10 days after filing the foreclosure lawsuit. Missing either deadline terminates the lien.
- Filing location: File the foreclosure lawsuit and lis pendens with the Superior Court of the District of Columbia.
- Lien priority: Generally, Washington, D.C., liens have priority over judgments, mortgages, deeds of trust, and other encumbrances that attach after the work begins, with a couple of exceptions outlined in D.C. Code § 40-303.07.
Lien Release Requirements
Once the debt has been satisfied, the lien claimant must record a lien release if the owner (or other interested party) asks for it. If the claimant fails to do so, they can be penalized and held responsible for any damages caused by the unreleased lien.
- Unified workflow: Manage lien rights within your billing and collections workflow to keep payment context in one place.
- Automated compliance: Automatically track critical deadlines and milestones based on each state's lien laws.
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- Document creation: Generate state-specific lien notices instantly using existing project data
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Washington, D.C.’s lien laws don’t expressly say “unlicensed contractors may not lien,” but they do require many contractors to attach licensing and good-standing documents to the Notice of Intent (when applicable) (D.C. Code § 40-301.02(b)(7)).
Yes. Subcontractors, suppliers, and others down the chain can still file a lien in Washington, D.C., so long as they follow the notice rules that apply to their role.
No, Washington, D.C.’s lien filing and enforcement deadlines can’t be shortened
No. Washington, D.C., does not require a separate pre-lien “notice of intent to lien.” The confusion comes from the name: in D.C., the actual lien claim itself is called a Notice of Intent. In many other states, a “notice of intent” is a mandatory warning that claimants may have to serve the owner before filing a lien.
No. Washington, D.C., doesn’t require a preliminary notice before filing. That said, it’s considered best practice to do so anyway, as sending a preliminary notice can help reduce payment issues down the road and ultimately get you paid faster.
There is no statutory lien waiver form in Washington, D.C., so parties are free to use any format they choose. To ensure complete compliance, brush up on the specifics in our Washington, D.C., lien waiver guide before your next project.
For original contractors, the lien can generally cover the contract price or the reasonable value of the project if there’s no express contract.
For many subcontractors, suppliers, and laborers, recovery is often limited to the amount still unpaid from the owner to the original contractor (the “available fund” up the chain) (D.C. Code § 40-303.02(a)).
Washington, D.C.’s lien statutes don’t clearly authorize including attorneys’ fees, interest, or consequential damages in the lien amount. As a result, lien claims are typically limited to the unpaid value of lienable labor and materials, unless legal counsel advises otherwise.
Not always. For GCs, the statute allows a lien for the contract price or, if there is no express contract, the reasonable value of the project (D.C. Code § 40-301.01).
However, if the work is performed under a home improvement contract, the Notice of Intent must include a copy of that contract, and the statute defines a home improvement contract as a written agreement in an approved form (D.C. Code §§ 40-301.02(b)(8), 40-301.03(2)).
Regardless of the situation, having a written contract is considered best practice because it makes it much easier to prove what you’re owed.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.