BALTIMORE STREET BUILDERS v. THOMAS G. STEWART, 186 Md. App. 684

Summary

The contractor entered into a contract with the building owner for the contractor to construct an addition to an existing building. The contractor performed the work. The building owner then paid about half of the amount due under the contract, but not the balance. The contractor then filed a petition to establish and enforce a mechanic's lien in the trial court. After a hearing, the trial court ruled that because the contractor had no home improvement license it had no right to enforce the contract or to establish a lien based upon that contract. Accordingly, the trial court dismissed the petition. The intermediate appellate court found that (1) the trial court did not err in treating the hearing as a summary judgment proceeding and considering matters outside the pleadings, as permitted under Md. R. 2-501, as the contractor did not show what else it could have presented to show that it was entitled to recover; (2) the contractor could not enforce the mechanic's lien since, pursuant ...