Mechanics liens

Maine mechanics lien law and deadlines

In Maine, a sub or supplier without a contract with the owner must record a sworn statement within 90 days after its last work, and every claimant must file suit within 120 days after the last labor or materials.

An office manager and contractor review invoices with a calculator and laptop in a construction office.
Review invoices, committed costs, and cash timing together before making project decisions. AI-generated illustration.

Maine's mechanics lien law lives in Title 10, sections 3251 and following. It is short and fast. A claimant that contracted directly with the owner does not have to record anything before suing, but it still has only 120 days from its last work to file the enforcement complaint in court. Subs and suppliers must also record a sworn statement at the registry of deeds within 90 days. There is no long runway like the one-year windows found in some states.

Maine mechanics lien deadlines at a glance (10 M.R.S. 3253 and 3255)
StepWhoDeadline
Preliminary noticeAnyoneNot required by the lien statute
Sworn statement at registry of deedsClaimants without a contract with the ownerWithin 90 days after last labor, materials, or services
Copy of statement to ownerSame claimantsMailed with the filing, ordinary mail
Statement filingClaimants with a contract with the ownerNot required
Complaint to enforceAll claimantsWithin 120 days after last labor, materials, or services
Service on ownerClaimants without a contract with the ownerNot until 30 days after filing the complaint

Who has lien rights in Maine

Section 3251 is broad. A lien goes to anyone who performs labor or furnishes labor or materials (including repair parts for machines used on the job), to surveyors, architects, engineers, real estate licensees, and licensed foresters who perform services, and to owners who rent, lease, or supply equipment used on the work. Covered work includes erecting, altering, moving, or repairing a building or its appurtenances, work on wharves and piers, and surveying, clearing, grading, draining, excavating, or landscaping the ground around them.

The work must be done under a contract with the owner or with the owner's consent. That consent language is why subs and suppliers down the chain can claim. The lien covers the building, the land it sits on, and the owner's interest in that land.

No preliminary notice, but the owner can cut you off

Maine's lien chapter has no preliminary notice requirement. It does give owners a defensive tool. Under section 3252, when someone is working without a contract with the owner, the owner can send that person written notice that the owner will not be responsible for the labor, materials, or services. That notice blocks a lien for work not yet performed. If a sub or supplier receives one, stop and get payment secured before sending another crew or truck.

Recording the sworn statement (subs and suppliers)

If you did not contract with the owner, section 3253 dissolves your lien unless, within 90 days after you stop work, you do two things. First, file a sworn statement with the register of deeds in the county or registry district where the property is located. It must state the amount due after all just credits, describe the property accurately enough, and name the owners if known. Second, mail a copy to the owner by ordinary mail. A post office certificate of mailing is conclusive proof the owner got it, so buy one.

Say an electrical sub finishes rough-in and trim on a $410,000 Portland duplex renovation on June 10 and is owed $27,500 by the GC. Day 90 is September 8. The sub needs the sworn statement recorded and mailed by then, and the court complaint filed by October 8 (day 120). Waiting on the GC's promises through August leaves almost no time.

Enforcing the lien in court

Section 3255 requires a complaint in Superior Court or District Court, in the county or division where the property is located, within 120 days after the last labor or services were performed or the last materials were furnished. That deadline applies to everyone, including GCs who contracted with the owner and never recorded anything. A claimant without a contract with the owner may not serve the summons and complaint on the owner until 30 days after filing.

Residential owners and the payment cap

Maine protects owners who have already paid. Under section 3255(3), the owner's liability to a claimant without a contract with the owner is limited to the balance the owner still owes the contractor when the owner is served in the lien action or receives written notice of the claim, whichever comes first. On a home renovation where the homeowner paid the GC in full, a sub's lien may be worth little. Send written notice early, while the owner still owes money, and the cap works in your favor.

Lien waivers in Maine

The sections of Title 10 covered here do not set a statutory lien waiver form. Waivers on Maine private work are written into the contract or exchanged as standalone releases, so the wording controls. Sign a conditional lien waiver that takes effect only when payment clears, and do not sign a final waiver until the final check is in the bank.

Public projects use payment bonds

On state and municipal construction, the payment bond under 14 M.R.S. 871 is the usual protection. Contracts over $125,000 require a payment bond equal to the full contract amount. A claimant with no direct contract with the prime contractor must give the contractor written notice within 90 days after its last labor or materials, and suit on the bond must start within one year. Note that section 3251 also mentions buildings owned by municipalities, so check with counsel before assuming a local public building is lien-proof.

Related Maine rules: the Maine contractor license guide, Maine prevailing wage, and Maine prompt payment rules. With 90 and 120 day windows, a lien date buried in a spreadsheet is a risk. Smart Business Automator's accounts receivable automation flags each unpaid job against its lien dates.

Frequently asked questions

How long do I have to file a mechanics lien in Maine?

Subs and suppliers without a contract with the owner must record a sworn statement within 90 days after their last work. Every claimant must file a court complaint to enforce the lien within 120 days after the last labor, materials, or services.

Does Maine require a preliminary notice?

No. The lien statute has no preliminary notice step. Owners can, however, send written notice that they will not be responsible for future work by someone without a contract with them, which blocks a lien for work not yet done.

Where do I file a Maine lien statement?

With the register of deeds in the county or registry district where the property is located, and mail a copy to the owner.

Can a homeowner who paid the contractor still owe a sub?

The owner's liability is capped at what the owner still owed the contractor when served or given written notice of the claim, whichever is first. If the owner paid in full before that, recovery against the property may be limited.

What protects subs on Maine public jobs?

The payment bond required by 14 M.R.S. 871 on contracts over $125,000. Lower-tier claimants give notice within 90 days and sue within one year.

Sources

  1. Maine Legislature: 10 M.R.S. 3251, persons entitled to a lien
  2. Maine Legislature: 10 M.R.S. 3252, owner notice of nonresponsibility
  3. Maine Legislature: 10 M.R.S. 3253, dissolution unless claim filed
  4. Maine Legislature: 10 M.R.S. 3255, enforcement of liens
  5. Maine Legislature: 14 M.R.S. 871, public works contractors' surety bonds

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

Get a free assessment