Lien deadlines · District of Columbia

District of Columbia mechanics lien deadlines: notice to suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

In the District of Columbia, a direct contractor records a notice of intent during the construction or within 90 days after the earlier of the completion or termination of the project (D.C. Code § 40-301.02(a)(1)); the same period applies for a subcontractor, materialman or laborer directly employed by the original contractor. The deadline to sue is 180 days after the notice of intent is recorded (§ 40-303.13(a)(1)).

District of Columbia · Lien deadlinesVerified 2026-10-02
Lien filing
During the construction or within 90 days after the earlier of the completion or termination of the project
Direct contractor
Preliminary notice
None required
Deadline to sue
180 days after the notice of intent is recorded

Preliminary notice

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Supplier, LaborerAnyDefaultNone requiredStatute: D.C. Code § 40-301.02(a)(1); D.C. Code § 40-303.01; D.C. Code § 40-303.02(b)
(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.
D.C. Code § 40-301.02(a)(1) · Official text · retrieved 2026-10-02
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.
D.C. Code § 40-303.01 · Official text · retrieved 2026-10-02
(b) If the owner, in good faith, has paid the original contractor in full for the project of the original contract (and the amount of the payment is not disputed by the original contractor), the parties employed by the original contractor shall not be entitled to a lien on the owner’s real property to recover any amounts due and owing for their work or materials provided for the erection, construction, improvement, repair of, or addition to the real property; provided, that if a subcontractor, materialman, or supplier notifies the owner in writing of amounts due to the subcontractor, materialman, or supplier (“notice amount”) while the owner has a balance due and owing or to become due and owing to the original contractor that is not less than the notice amount, the notice of the notice amount shall be prima facie evidence that any payment thereafter by the owner to the original contractor was not made in good faith.
D.C. Code § 40-303.02(b) · Official text · retrieved 2026-10-02

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractorAnyDefaultDuring the construction or within 90 days after the earlier of the completion or termination of the projectStatute: D.C. Code § 40-301.02(a)(1)
What the statute says about it. If the notice of intent is not recorded within that time, the contractor's lien terminates when the 90-day period ends.
Subcontractor, Supplier, LaborerAnyFor a subcontractor, materialman or laborer directly employed by the original contractorDuring the construction or within 90 days after the earlier of the completion or termination of the projectStatute: D.C. Code § 40-301.02(a)(1); D.C. Code § 40-303.01
What the statute says about it. If the notice of intent is not recorded within that time, the lien terminates when the 90-day period ends.
(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.
D.C. Code § 40-301.02(a)(1) · Official text · retrieved 2026-10-02
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.
D.C. Code § 40-301.02(a)(1) · Official text · retrieved 2026-10-02
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.
D.C. Code § 40-301.02(a)(1) · Official text · retrieved 2026-10-02
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.
D.C. Code § 40-303.01 · Official text · retrieved 2026-10-02

Service of the lien

WhoProject typeBranchDeadlineStatute
Direct contractorAnyDefaultWithin 5 business days after the notice of intent is recorded in the land recordsStatute: D.C. Code § 40-301.02(a)(2)
What the statute says about it. Recipients: The owner, at the owner's current address, or the last known address if the current one is not available in the local public records. Delivery: By certified mail. If the certified mail is returned unclaimed or undelivered, a copy of the recorded notice of intent is posted at or on the property in a location generally visible from some entry point to the property.
Subcontractor, Supplier, LaborerAnyFor a subcontractor, materialman or laborer directly employed by the original contractorWithin 5 business days after the notice of intent is recorded in the land recordsStatute: D.C. Code § 40-301.02(a)(2); D.C. Code § 40-303.01
What the statute says about it. Recipients: The owner, at the owner's current address, or the last known address if the current one is not available in the local public records. Delivery: By certified mail. If the certified mail is returned unclaimed or undelivered, a copy of the recorded notice of intent is posted at or on the property in a location generally visible from some entry point to the property.
Subcontractor, Supplier, LaborerAnyFor a subcontractor or other person employed by the contractorServed on the owner, with no period stated; until it is served, the owner may pay the contractor under the contractStatute: D.C. Code § 40-303.03
What the statute says about it. Until the notice is served, the owner may make payments to the contractor under the contract, and the amount the property is chargeable for in favor of the persons employed by the contractor is reduced to the extent of those payments. Recipients: The owner of the property, or the owner's agent, if a resident of the District. Delivery: By leaving a copy with the owner or the agent or, if neither can be found, by posting it on the premises.
(2) Any contractor who records timely a notice of intent in accordance with subsection (a)(1) of this section, shall send to the owner, by certified mail to the current address (or if not available in the local public records, the last known address) of the owner, a copy of the notice of intent within 5 business days after the date of its recordation in the land records.
D.C. Code § 40-301.02(a)(2) · Official text · retrieved 2026-10-02
If the certified mail is returned to the contractor unclaimed or undelivered, the contractor shall post a copy of the recorded notice of intent at or on the affected real property in a location generally visible from some entry point to the real property.
D.C. Code § 40-301.02(a)(2) · Official text · retrieved 2026-10-02
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.
D.C. Code § 40-303.01 · Official text · retrieved 2026-10-02
The said subcontractor or other person employed by the contractor as aforesaid, besides filing a notice with the Recorder of Deeds of the District of Columbia as aforesaid, shall serve the same upon the owner of the property upon which the lien is claimed, by leaving a copy thereof with said owner or his agent, if said owner or agent be a resident of the District, or if neither can be found, by posting the same on the premises; and on his failure to do so, or until he shall do so, the said owner may make payments to his contractor according to the terms of his contract, and to the extent of such payments the lien of the principal contractor shall be discharged and the amount for which the property shall be chargeable in favor of the parties so employed by him reduced.
D.C. Code § 40-303.03 · Official text · retrieved 2026-10-02

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Supplier, LaborerAnyDefault180 days after the notice of intent is recordedStatute: D.C. Code § 40-303.13(a)(1); D.C. Code § 40-303.13(a)(2)
What the statute says about it. Failure to file suit within the 180-day period, or to record the notice of pendency of action within 10 days of filing suit, 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.
D.C. Code § 40-303.13(a)(1) · Official text · retrieved 2026-10-02
(2) Failure to file suit within the 180-day period or to file timely a notice of pendency of action shall terminate the lien.
D.C. Code § 40-303.13(a)(2) · Official text · retrieved 2026-10-02

Who the deadlines apply to

The District of Columbia's mechanics lien chapter is D.C. Code §§ 40-301.01 to 40-303.20. Its rules are written in two layers. The first is listed for the direct contractor. The second repeats the notice of intent and the copy to the owner on their own branch, which reads: For a subcontractor, materialman or laborer directly employed by the original contractor. Those branch rows are listed for subcontractors, suppliers and laborers, and they also cite § 40-303.01 [2].

Two stages are not split that way. The deadline to sue is a single rule listed for all four roles on this page: direct contractor, subcontractor, supplier and laborer. The preliminary notice stage reads None required for the same four roles. The statute blocks printed under that row include § 40-303.02(b), the sentence that uses the term "notice amount" [3].

No rule here is limited to residential work or to work other than residential. Each one is written for any project type.

How the periods run

The notice of intent. In the District, the lien filing stage is the recording of a notice of intent in the land records. Its period reads: During the construction or within 90 days after the earlier of the completion or termination of the project [1]. The period runs from whichever of two events comes first, the completion of the project or its termination. Termination is not one of the calculator's inputs, so the table lists this rule without a counted date.

Section 40-301.02(a)(1) states what follows a missed recording. If the notice of intent is not recorded within that time, the contractor's lien terminates when the 90-day period ends [1]. The branch rule for a subcontractor, materialman or laborer directly employed by the original contractor carries the same statement, with the lien terminating when the 90-day period ends [1].

The copy to the owner. Once a notice of intent is recorded, a copy goes to the owner. The period reads: Within 5 business days after the notice of intent is recorded in the land records [1]. The rule is listed for the direct contractor and again on the branch for a subcontractor, materialman or laborer directly employed by the original contractor. It runs in business days, and the table gives it without a counted date.

Service under § 40-303.03. For a subcontractor or other person employed by the contractor, a further rule has a notice served on the owner of the property, or the owner's agent, if a resident of the District, with no period stated [4]. Until that notice is served, the owner may make payments to the contractor under the contract, and the amount the property is chargeable for in favor of the persons employed by the contractor is reduced to the extent of those payments [4].

The suit. The deadline to sue starts from the recording of the notice of intent: 180 days after the notice of intent is recorded [5]. Under § 40-303.13(a)(2), failure to file suit within the 180-day period, or to record the notice of pendency of action within 10 days of filing suit, terminates the lien [5]. The calculator counts this date from the notice of intent recording date entered.

What changed recently

Section 40-301.02, the section holding the notice of intent and the copy to the owner, was last amended by D.C. Law 23-269 (April 5, 2021) [1]. Section 40-303.13, the section holding the suit period, was last amended by D.C. Law 16-31 (October 20, 2005) [5].

Related

Lien deadlines: other states

Sources

  1. D.C. Code § 40-301.02, Council of the District of Columbia (retrieved 2026-10-02)
  2. D.C. Code § 40-303.01, Council of the District of Columbia (retrieved 2026-10-02)
  3. D.C. Code § 40-303.02, Council of the District of Columbia (retrieved 2026-10-02)
  4. D.C. Code § 40-303.03, Council of the District of Columbia (retrieved 2026-10-02)
  5. D.C. Code § 40-303.13, Council of the District of Columbia (retrieved 2026-10-02)

Changelog

  1. : Page published.
  2. : 10 more jurisdictions published: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Hawaii, Idaho and Indiana.
  3. : Dataset first published: 9 of 51 jurisdictions published.