HARRY HUGHES, Governor

3449

GIVE WRITTEN NOTICE TO THE PARTY AGAINST WHOSE PROPERTY THE LIEN
IS INTENDED TO BE IMPOSED.

(2) NOTICE UNDER THIS SUBSECTION SHALL BE GIVEN BY
CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED, AND SHALL
BE ADDRESSED TO THE OWNER OF THE PROPERTY AGAINST WHICH THE LIEN
IS SOUGHT TO BE IMPOSED AT THE OWNER'S LAST KNOWN ADDRESS.

(B)  A NOTICE UNDER SUBSECTION (A) OF THIS SECTION SHALL
INCLUDE:

(1)  THE NAME AND ADDRESS OF THE PARTY SEEKING TO
CREATE THE LIEN;

(2)  A STATEMENT OF INTENT TO CREATE A LIEN;

(3)  AN IDENTIFICATION OF THE CONTRACT;

(4)  THE NATURE OF THE ALLEGED BREACH;

(5)  THE AMOUNT OF ALLEGED DAMAGES;

(6)  A DESCRIPTION OF THE PROPERTY AGAINST WHICH THE
LIEN IS INTENDED TO BE IMPOSED SUFFICIENT TO IDENTIFY THE
PROPERTY, AND STATING WHETHER ANY PART OF THE PROPERTY IS LOCATED
IN ANOTHER COUNTY THE COUNTY OR COUNTIES IN WHICH THE PROPERTY IS
LOCATED; AND

(7)  A STATEMENT THAT THE PARTY AGAINST WHOSE PROPERTY
THE LIEN IS INTENDED TO BE IMPOSED HAS THE RIGHT TO A HEARING
UNDER SUBSECTION (C) OF THIS SECTION.

(C)  (1) A PARTY TO WHOM NOTICE IS GIVEN UNDER SUBSECTION
(A) OF THIS SECTION MAY, WITHIN 30 DAYS AFTER THE NOTICE IS
MAILED TO THE PARTY, FILE A COMPLAINT IN THE CIRCUIT COURT FOR
THE COUNTY IN WHICH ANY PART OF THE PROPERTY IS LOCATED TO
DETERMINE WHETHER PROBABLE CAUSE EXISTS FOR THE ESTABLISHMENT OF
A LIEN.

(2)  A COMPLAINT FILED UNDER THIS SUBSECTION SHALL
INCLUDE:

(I)  THE NAME OF THE COMPLAINANT AND THE NAME OF
THE PARTY SEEKING TO ESTABLISH THE LIEN;

(II)  A COPY OF THE NOTICE SENT UNDER SUBSECTION
(A) OF THIS SECTION; AND

(III)  AN AFFIDAVIT CONTAINING A STATEMENT OF
FACTS THAT WOULD PRECLUDE ESTABLISHMENT OF THE LIEN FOR THE
DAMAGES ALLEGED IN THE NOTICE.

(3)  A PARTY FILING A COMPLAINT UNDER THIS SUBSECTION
MAY REQUEST A HEARING AT WHICH ANY PARTY MAY APPEAR TO PRESENT
EVIDENCE.