Subcontractor’s lien — generally

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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.

(Mar. 3, 1901, 31 Stat. 1384, ch. 854, § 1239; June 25, 1936, 49 Stat. 1921, ch. 804; June 25, 1948, 62 Stat. 991, ch. 646, § 32(b); May 24, 1949, 63 Stat. 107, ch. 139, § 127; July 5, 1966, 80 Stat. 265, Pub. L. 89-493, § 15(a); Mar. 19, 2002, D.C. Law 14-84, § 2(b), 49 DRC 198; Oct. 20, 2005, D.C. Law 16-31, § 2(d), 52 DCR 7195.)

Prior Codifications

1981 Ed., § 38-103.

1973 Ed., § 38-103.

Section References

This section is referenced in § 47-2883.03.

Effect of Amendments

D.C. Law 14-84 rewrote the section, which had read:

“Any person directly employed by the original contractor, whether as subcontractor, materialman, or laborer, to furnish work or materials for the completion of the work contracted for as aforesaid, shall be entitled to a similar lien to that of the original contractor upon his filing a similar notice with the Recorder of Deeds of the District of Columbia to that above mentioned, subject, however, to the conditions set forth in this subchapter.”

D.C. Law 16-31 rewrote section, which had read as follows: “Any person directly employed by the original contractor, whether as subcontractor, materialman, or laborer, to furnish work or material for the completion of the work contracted for, shall be entitled to a similar lien to that of the original contractor, upon filing a notice which complies with the requirements set forth in § 40-301.02, subject, however, to the conditions set forth in §§ 40-303.02 to 40-303.20.”

Cross References

Payment as defense to assertion of lien, see § 47-2883.03.


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