§ 40–303.13. When suit to be commenced.

(a)(1) Any person with a lien and who has recorded a valid notice of intent shall only enforce the lien by:

(A) Filing suit under § 40-303.08 to enforce the lien at anytime within 180 days after the date that the notice of intent is recorded in the land records; and

(B) Recording, within 10 days of filing suit, a notice of pendency of action in accordance with § 42-1207(b) in the land records.

(2) Failure to file suit within the 180-day period or to file timely a notice of pendency of action shall terminate the lien.

(Mar. 3, 1901, 31 Stat. 1387, ch. 854, § 1251; Mar. 19, 2002, D.C. Law 14-84, § 2(c), 49 DCR 198; Oct. 19, 2002, D.C. Law 14-213, § 25, 49 DCR 8140; Oct. 20, 2005, D.C. Law 16-31, § 2(g), 52 DCR 7195.)

Prior Codifications

1981 Ed., § 38-115.

1973 Ed., § 38-115.

Effect of Amendments

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

“Any person, entitled to a lien, as aforesaid, may commence his suit to enforce the same at any time within a year from and after the filing of the notice aforesaid or within 6 months from the completion of the building or repairs aforesaid, on his failure to do which the said lien shall cease to exist, unless his said claim be not due at the expiration of said periods, in which case the action must be commenced within 3 months after the said claim shall have become due.”

D.C. Law 14-213, in subsec. (a), substituted “; provided, that if the claim is not due” for “; provided, that the claim shall not be due”.

D.C. Law 16-31 rewrote the section.