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Lien waivers by state · Maryland

Maryland lien waiver requirements

Maryland is a non-statutory state

Maryland does not prescribe a statutory lien-waiver form or mandatory waiver language; parties are largely free to word waivers as they choose, as long as the waiver clearly states the amount being waived, identifies the property, and is signed by the waiving party. A key restriction: a subcontractor cannot be required to waive mechanics'-lien or bond rights in an executory contract before performing the work — such "no-lien" clauses are void as against public policy under § 9-113. Both conditional and unconditional waivers are recognized.

Statute: Md. Code, Real Prop. §§ 9-101 to 9-114 (Mechanics' Liens); waiver provisions at § 9-113

Maryland lien waiver forms

The four standard waiver-and-release types and Maryland’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: No statute requires lien waivers to be notarized to be valid or enforceable in Maryland; notarization is only needed if a party (e.g., the GC, owner, or lender) contractually requests it.
Mandatory statutory language: Maryland's Mechanics' Lien statute does not provide or require specific waiver form language. A waiver should be in writing, signed by the waiving party, and clearly state the dollar amount waived and the property to which it applies. Note: a pre-performance waiver of a subcontractor's lien/bond rights in an executory contract is void under Real Prop. § 9-113.
Electronic signatures accepted

Key Maryland deadlines

Preliminary / pre-lien notice: Subcontractors and suppliers (anyone not in direct contract with the owner) must give the owner written notice within 120 days after last furnishing labor or materials (Md. Code, Real Prop. § 9-104). General contractors in direct contract with the owner are not required to give this notice.
Notice of intent to lien: No separate "notice of intent to lien" is required — the 120-day preliminary notice to the owner (Real Prop. § 9-104) serves that function for subcontractors/suppliers.
Mechanics lien filing deadline: Within 180 days after the work was finished or the materials last furnished, a petition to establish the lien must be filed in the circuit court for the county where the property is located (Md. Code, Real Prop. § 9-105).

Maryland lien waiver FAQ

Does Maryland require a specific lien waiver form?

No. Maryland does not require or provide a specific statutory lien-waiver form. Parties may word waivers freely, but the waiver should clearly state the amount being waived, identify the property, and be signed.

Do lien waivers need to be notarized in Maryland?

No. Maryland law does not require lien waivers to be notarized to be valid or enforceable. Notarization is only necessary if a party such as the owner, GC, or lender requests it.

Can lien waivers be signed electronically in Maryland?

Yes. Maryland has adopted the Uniform Electronic Transactions Act, so electronically signed lien waivers carry the same legal effect as ink signatures, provided there is intent to sign and consent to transact electronically.

What is the deadline to file a mechanics lien in Maryland?

A petition to establish a mechanics' lien must be filed in the circuit court within 180 days after the last labor or materials were furnished. Subcontractors and suppliers must additionally give the owner written notice within 120 days of last furnishing.