Section 9-104 - Notice to owner by subcontractor.
§ 9-104. Notice to owner by subcontractor.
(a) Notice required to entitle subcontractor to lien.-
(1) A subcontractor doing work or furnishing materials or both for or about a building other than a single family dwelling being erected on the owner's land for his own residence is not entitled to a lien under this subtitle unless, within 120 days after doing the work or furnishing the materials, the subcontractor gives written notice of an intention to claim a lien substantially in the form specified in subsection (b) of this section.
(2) A subcontractor doing work or furnishing materials or both for or about a single family dwelling being erected on the owner's land for his own residence is not entitled to a lien under this subtitle unless, within 120 days after doing work or furnishing materials for or about that single family dwelling, the subcontractor gives written notice of an intention to claim a lien in accordance with subsection (a)(1) of this section and the owner has not made full payment to the contractor prior to receiving the notice. (b) Form of notice.- The form of notice is sufficient for the purposes of this subtitle if it contains the information required and is substantially in the following form:
"Notice to Owner or Owner's Agent of
Intention to Claim a Lien
.............................................................................
(Subcontractor)
did work or furnished material for or about the building generally designated or briefly described as
.............................................................................
.............................................................................
The total amount earned under the subcontractor's undertaking to the date hereof is $ .................... of which $ .................... is due and unpaid as of the date hereof. The work done or materials provided under the subcontract were as follows: (insert brief description of the work done and materials furnished, the time when the work was done or the materials furnished, and the name of the person for whom the work was done or to whom the materials were furnished).
I do solemnly declare and affirm under the penalties of perjury that the contents of the foregoing notice are true to the best of the affiant's knowledge, information, and belief.
.......................................................................
(Individual)
on behalf of .....................................................
(Subcontractor)
(Insert if subcontractor is not
an individual)"
(c) Notice by mail or personal delivery.- The notice is effective if given by registered or certified mail, return receipt requested, or personally delivered to the owner by the claimant or his agent.
(d) More than one owner.- If there is more than one owner, the subcontractor may comply with this section by giving the notice to any of the owners.
(e) Notice by posting.- If notice cannot be given on account of absence or other causes, the subcontractor, or his agent, in the presence of a competent witness and within 120 days, may place the notice on the door or other front part of the building. Notice by posting according to this subsection is sufficient in all cases where the owner of the property has died and his successors in title do not appear on the public records of the county.
(f) Payments by owner to contractor after notice; limitation on lien against certain single family dwellings.-
(1) On receipt of notice given under this section, the owner may withhold, from sums due the contractor, the amount the owner ascertains to be due the subcontractor giving the notice.
(2) If the subcontractor giving notice establishes a lien in accordance with this subtitle, the contractor shall receive only the difference between the amount due him and that due the subcontractor giving the notice.
(3) Notwithstanding any other provision of this section to the contrary, the lien of the subcontractor against a single family dwelling being erected on the land of the owner for his own residence shall not exceed the amount by which the owner is indebted under the contract at the time the notice is given.
[An. Code 1957, art. 21, §§ 9-103, 9-104; 1974, ch. 12, § 2; 1976, ch. 349, § 3; 1982, ch. 251; 1996, ch. 10, § 1; ch. 377.]