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Can a subcontractor put a lien on a house the owner paid in full?

Short answer. Yes. Maryland mechanics lien law lets unpaid subcontractors and suppliers lien the property even if the homeowner paid the contractor in full. Collect lien waivers as you pay subs and give the homeowner copies.

  • COMAR 09.08.01.12

Work it through

You're the contractor. Pick what you'd do, then see how each choice plays out.

A homeowner asks you an important question before signing the contract: "If I pay you in full, can one of your subcontractors still put a lien on my house?"

This is an important Maryland law question.

  1. Correct

    Maryland mechanics lien law allows subcontractors and material suppliers to file liens against the property if they haven't been paid, regardless of whether the homeowner paid the general contractor. This is why COMAR 09.08.01.12 requires the prime contractor to pay subs. Best practice: obtain lien waivers/releases from each subcontractor as you pay them, and provide copies to the homeowner. This transparency protects everyone.

  2. Wrong

    This is a dangerous misconception. Maryland law allows subcontractors and suppliers to file mechanics liens against the property, not just against the general contractor. A homeowner who pays the contractor in full can STILL have a lien placed on their home by an unpaid sub. This is one of the most important consumer protection issues in home improvement law, and giving incorrect information about it exposes both you and the homeowner to serious risk.

All 14 subcontractors, liens & workers questions

  1. Must you pay subcontractors when the homeowner pays late?
  2. What happens when an unpaid subcontractor files a mechanics lien?
  3. Can a subcontractor put a lien on a house the owner paid in full?
  4. Should a homeowner pay your subcontractor directly?
  5. What if your electrician's license expired mid-job?
  6. Can you hire a plumber who is still getting licensed?
  7. Can a homeowner do their own electrical work on your job?
  8. Who coordinates subcontractors working in the same space?
  9. Who is liable when a subcontractor damages the home?
  10. How do you handle a subcontractor who stops showing up?
  11. Are your regular workers employees or 1099 contractors?
  12. What must you do when an employee is hurt on the job?
  13. What happens when an off-the-books worker is injured?
  14. What are the risks of hiring day laborers for cash?