Accrocco v. Fort Washington Lumber Co.

Per Curiam. Mr. and Mrs. Accrocco would have us reverse a decree entered by the Circuit Court for Prince George’s County enforcing a lien claimed by Fort Washington Lumber Company, Inc. (the Lumber Company) in the amount of $6,519.19, with interest and costs, for goods and materials furnished by the Lumber Company in con ⁶⁸³ nection with the construction of a house owned by the Accroccos at 814 Pocahontas Drive, Fort Foote. The Accroccos concede that the mechanics’ lien claim was in proper form and was filed within 90 days of the time when the last materials were furnished. They challenge the validity of the claim, because’ they say that when materials have been contracted for by a person other than the owner, the mechanics’ lien law, Maryland Code (1957, 1968 Repl.

Vol.) Art. 63, § 11 (a), requires that written notice of intention to claim a lien be given to the owner and they read the law to mean that such notice must be given prior to the filing of the claim. Code Art. 63, § 11 (a) provides: “If the contract for furnishing such work or materials, or both, shall have been made with any architect or builder or any other person except the owner of the lot on which the building may be erected, or his agent, the person so doing the work or furnishing materials, or both, shall not be entitled to a lien unless, within ninety days after furnishing the same, he or his agent shall give notice in writing to such owner or agent, if resident within the city or county, of his intention to claim such lien.” Code Art. 63, § 23 requires that the lien claim be filed within six months after the work