Private Project

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notice requirements Private Project lien requirements Private Project
prime contractor Private Project None. Must be filed 120 days after last providing materials or labor, along with action to enforce.
sub laborer Private Project None. Must be filed 90 days after last providing materials or labor, action to enforce within 120 days of last providing materials or labor.
supplier other Private Project None. Must be filed 90 days after last providing materials or labor, action to enforce within 120 days of last providing materials or labor.

NOTICE REQUIREMENTS
Maine generally does not require any notices prior to the performance of work or filing a lien.

  • Subcontractor Notice to Owner on Residential Projects:   This is not a required filing.  In Maine, residential property owners are not required to pay twice for a subcontractor’s services or materials unless a Notice to Owner has been provided to the property owner before the owner has paid the general contractor for the work.   The lien may be filed in lieu of the Notice to Owner.    Practially speaking, delivering this notice as early as possible best protects a subcontractor’s right to lien on residential projects.
  • Non-Required Notice to Owner:  In Maine, the lienor has the obligation to prove that the owner had knowledge of and consented to the labor, materials and services provided.   To make meeting this obligation easier, a potential lienor may deliver a Notice to Owner upon beginning construction services.

THE MECHANICS LIEN
Main law protects most trades and suppliers, including providers of equipment repair and rentals, and even most professionals who contribute services to a construction project.

  • Referred to as “Notice of Lien”
  • Must be filed with the registry of deeds in the county where the project is located within 90 days from the date the claimant last furnished labor and/or materials.    Copy of lien must be provided to the owner or owners by ordinary mail.
  • Lien expires if it is not perfected by filing a complaint in the county or district court division where the construction project is located within 120 days of the last furnishing of labor and/or materials.

 

What Can Be Liened:  Maine is unique in that the ability file private liens extends to some public projects, including those “erected or owned by any city, town, county, school district or other municipal corporation.”   However, it does not include the ability to file liens against state of federal projects.  There, contractors must find a remedy through the Miller Act or Maine’s “Little Miller Act.

Maine Resources