Vi. [§ 6.33] Mechanics' Lien

• Jurisdiction: Maryland

VI. [§ 6.33] MECHANICS' LIEN

John Smith, a general contractor in Baltimore City, agreed to provide labor and materials necessary to construct a residence for George Harris. Harris agreed to pay Smith the costs for labor and materials, plus 10 percent of the total cost. The total amount owed to Smith for the construction of the residence as of March 2, 2022 was $375,000. Harris paid Smith $275,000 and claimed he could afford no more.

Smith filed a complaint to establish and enforce a mechanics' lien.

COMPLAINT

Complaint to Establish and Enforce Mechanics' Lien

Plaintiff, John Smith (hereinafter "Smith"), by his attorneys, Blake P. Lewis and Lewis & Lewis, P.A., pursuant to § 9-105 of the Maryland Real Property Code and Rule 12-302 of the Maryland Rules of Procedure, petitions this Honorable Court to establish and enforce a Mechanics' Lien against the property of the Defendant, George Harris (hereinafter "Harris"), and states as follows:
1. Plaintiff Smith is a resident of Baltimore City, who resides at 1234 Main Street, Baltimore City, Maryland 21210, and was at all times relevant to this Complaint a contractor as defined in § 9-101(d) of the Real Property Article of the Annotated Code of Maryland.
2. Defendant Harris is an individual residing at 4060 Glen Road, Baltimore City, Maryland 21229.
3. Harris is and was at all times relevant to this Complaint the owner of the property described as a three-sided, three-story residence with cedar siding and a two-car carport, located at 4060 Glen Road, Baltimore City, Maryland 21229 (hereinafter "the Residence").
4. The Residence is located on land which is situated in Baltimore City, Maryland, which land is more particularly described in a Deed by and between grantors and Harris. The Deed is recorded among the Land Records of Baltimore City as Liber 7985, Folio 042. A copy of the Deed is attached hereto and incorporated herein as Exhibit 1.
5. Plaintiff Smith constructed the Residence and furnished the labor and materials for the construction, including, but not limited to, surveying and grading the property, digging footers, supplying and installing masonry, plumbing materials, electrical materials, a roof, and siding in accordance with a written Contract (hereinafter "the Contract") with Harris. A copy of the Contract is attached hereto and incorporated into this Complaint as Exhibit 2.
6. Under the Contract, Smith agreed to provide l abor and materials necessary to construct the Residence. In consideration therefor, Harris agreed to pay Smith the costs for labor and materials plus ten percent (10%) of the total costs. The total amount owed to Smith for the construction of the Residence as of March 2, 2016 was Three Hundred Seventy-Five Thousand Dollars ($375,000). To date Harris has paid Smith Two Hundred Seventy-Five Thousand Dollars ($275,000).
7. Pursuant to the Contract, Smith furnished the labor and materials mentioned in Paragraph 5 to Harris's property during the period of May 4, 2021 through February 27, 2022.
8. As a result of furnishing the labor and materials mentioned in Paragraph 5 there remains due and payable to Smith from Harris the sum of One Hundred Thousand Dollars ($100,000), less any credits. Attached hereto as Exhibit 3 are invoices which reflect the costs of materials furnished by Smith in constructing the Residence. Attached hereto as Exhibit 4 are invoices which reflect the total costs for labor and material and ten percent (10%) of the total costs for constructing the Residence.
9. The name and address of the person to whom the labor and materials set forth in Paragraph 5 were furnished is Defendant Harris, 4060 Glen Road, Baltimore City, Maryland 21229. The labor and materials were furnished pursuant to the aforesaid Contract.
10. On April 15, 2022, Plaintiff caused to be sent to Defendant Harris, by certified mail-return receipt requested, a "Notice to Owner or Owner's agent of Intention to Claim a Lien" (hereinafter "Notice"), a copy of which is attached hereto and

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