Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Maine
Maine
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Maine Quick Overview
| Pursuant Code | Me. Rev. Stat. tit. 10, §§ 3251 et seq. | |
| Prelien Required for Private/Commercial Projects | No, but may be beneficial | |
| Prelien Required for Public Projects | No | |
| ME Statutory Relief | Full Price | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 120 to 180 days | |
| Waivable Lien Rights | No specific statutes | |
| Supplier to Supplier Rights | Condiional, check statutes | |
| Prelien Document Name(s) | Notice to Owner | |
| Prelien Minimum Information | Statement of the amount due, property description, owner's name, and claimant's name. A certificate, affidavit, or attested copy of the lien complaint must be recorded after lien suit is filed. | |
| Prelien Minimum Notifications | Owner | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Maine by Role
Mechanic's Liens in Maine
In Maine, mechanics lien rights are governed by Me. Rev. Stat. tit. 10, §§ 3251 et seq. Prime contractors do not need to file a lien statement if in direct contract with the owner. However, subcontractors and suppliers without privity must record a lien claim in the registry of deeds within 90 days of last furnishing labor or materials. They must also serve a copy to the owner by mail. A lawsuit to enforce the lien must be filed within 120 days after last furnishing, and a supporting document (e.g. certified court document or lien complaint) must be recorded within 60 days of filing suit. Delayed or missing recording may impact enforceability against subsequent purchasers.
Bond Claims in Maine
Maine does not have a general statutory framework for public project bond claims akin to the federal Miller Act. Instead, bond rights and claim procedures are typically governed by the terms of the bond itself. Claimants should review the specific bond and contract for notice and deadline requirements, as public lien rights are not typically available. Legal counsel may be necessary to evaluate available remedies for nonpayment on state or municipal projects.
Construction Lien Waivers in Maine
Required Format: Maine does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: Maine does not require waivers to be notarized.
Lien waivers are not regulated by statute in Maine and may be used freely via contract. However, enforceability may depend on whether the waiver is clear and executed with appropriate consideration.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Maine counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Maine
Frequently Asked Questions (FAQs) on Maine Lien Processes for Contractors
Do I need to send a preliminary notice to preserve lien rights in Maine?
No, Maine does not require preliminary notice for mechanics lien rights, though lien statements must still be recorded by certain parties.
When must a lien be recorded in Maine?
If you do not have a contract directly with the property owner, you must record a lien statement within 90 days of last furnishing labor or materials.
How long do I have to enforce a lien after work is completed?
An action to enforce the lien must be filed within 120 days after the last furnishing of labor or materials.
Do I need to serve the owner with a copy of my lien?
Yes, a copy of the recorded lien must be sent to the owner by U.S. Mail after it is recorded.
What happens if I miss the 90-day lien filing deadline?
Missing the deadline generally extinguishes your lien rights. It is essential to record the lien within the statutory timeframe to protect your claim.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
