Page 12 - State Law Summary of Mechanic's Lien Law

District of Columbia DC

What is the statutory authority?
District of Columbia Code §§ 40-303.01 thru 307.03.
What is the Attachment Date of the Mechanic’s Lien?
A mechanic’s lien has priority as of date of the commencement of the work.
D.C. Code § 40-303.07.

What constitutes visible commencement of construction?
There is no visible commencement rule in D.C.

What is the priority of the insured construction mortgage/
deed of trust?
A mortgage has priority over a mechanic’s lien if recorded prior to commencement
of the work and only as to those advances made before the filing of the Notice of Lien.
See D.C. Code § 40-303.07. A purchase money mortgage has priority if recorded
within ten (10) days from the date it is acknowledged. See D.C. Code § 40-303.07.

If priority of the insured mortgage/deed of trust is lost, is there a
statutory procedure to regain priority?
No.
When does a mechanic’s lien have to be filed for claimant to maintain
lien rights?
Notice of intent to claim a mechanic’s lien must be filed in the Recorder’s office
where the property is located within ninety (90) days of completion of the project.
D.C. Code § 40-301.02.

What is the period of enforcement of a filed mechanic’s lien?
The lien expires 180 days after filing the notice of intent to claim a lien if suit is not
filed or a notice of lis pendens is not recorded in the land records within ten (10)
days of filing suit. See D.C. Code § 42-303.13.

Is there a procedure to bond over the mechanic’s lien(s)?
Yes. D.C. Code § 40-303.16 provides that if suit filed to enforce a lien, the owner of
the building and land may pay into court the amount claimed by the lienor plus
interest and costs or file a written undertaking with 1 or more sureties approved
by the court. Upon payment of the money into the court or approval of the
undertaking, the property is released from the lien.

Are the ALTA 32/33 Series Endorsements available for the Loan Policy?
Yes.

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