District Of Columbia § 40-301.02 - Notice.
Full text of District Of Columbia D.C. Code § 40-301.02 — Notice., with citation guidance and answers to common questions.
§ 40-301.02. Notice.
40-301.02A contractor desiring to enforce the lien shall record in the land records a notice of intent that identifies the property subject to the lien and states the amount due or to become due to the contractor. The notice of intent shall be recorded during the construction or within 90 days after the earlier of the completion or termination of the project. If the notice of intent is not recorded in the land records during the construction or within 90 days after the earlier of the completion or termination of the project, the contractor’s lien shall terminate upon the expiration of the 90-day period. A notice of intent that does not comply with subsection (b) of this section shall be void.
Any contractor who records timely a notice of intent in accordance with subsection (a)(1) of this section, shall send to the owner, by certified mail to the current address (or if not available in the local public records, the last known address) of the owner, a copy of the notice of intent within 5 business days after the date of its recordation in the land records. If the certified mail is returned to the contractor unclaimed or undelivered, the contractor shall post a copy of the recorded notice of intent at or on the affected real property in a location generally visible from some entry point to the real property.
The notice of intent shall include the following:
The name and address of the contractor or the contractor’s registered agent;
The name and address of the owner or the owner’s registered agent;
The name of the party against whose interest a lien is claimed and the amount claimed, less any credit for payments received up to and including the date of the notice of intent;
A description of the work done, including the dates that work was commenced and completed;
A description of the material furnished, including the dates that material was first and last delivered;
A legal description and, to the extent available, a street address of the real property;
To the extent available under applicable law, if the contractor is an entity organized under the laws of the District of Columbia or is doing business in the District of Columbia within the meaning of applicable District law:
A copy of the contractor’s current license to do business in the District issued by the Department of Consumer and Regulatory Affairs; and
A certificate of good standing from the Department of Consumer and Regulatory Affairs issued within 180 days prior to the date of the filing of the notice of intent; or
To the extent available under applicable law, if the contractor is an individual or an entity organized under laws other than those of the District of Columbia, and is not doing business in the District of Columbia within the meaning of applicable District laws but is required to be licensed by a governmental entity:
A copy of the contractor’s current license to do business issued by the government of the other jurisdiction; and
A certificate evidencing the contractor’s good standing in its place of business or state of incorporation issued by the other jurisdiction;
If the project is provided under a home improvement contract, a copy of the home improvement contract; and
A sworn, notarized statement affirming under penalty of perjury and upon personal knowledge that:
The contents of the notice of intent are true and correct to the best of the contractor’s information and belief; and
The contractor has a right to recover the amount claimed.
If a notice of intent is executed by an authorized representative or counsel of the contractor, he or she shall attach evidence of his or her authority to execute the notice of intent on behalf the contractor and shall affirm that the notice of intent is true and correct to the best of the affiant’s knowledge and belief.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 40-301.02
What does D.C. Code § 40-301.02 cover?
Section 40-301.02 ("Notice.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 40-301.02?
A common citation format is "D.C. Code § 40-301.02" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 40-301.02 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.