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Maine Mechanic Lien Law: Complete Guide

Your Complete Guide to Mechanic's Lien Rights Under 10 M.R.S.A. §3251 et seq. — Private Works, Public Works Mechanic Liens & Payment Bond Claims

Maine mechanic lien deadline table with toggles for project type and claimant type.

Maine Preliminary Notice & Mechanic Lien Deadlines

Select your project type and role to see the deadlines that apply to you.

Project Type
Select Your Tier

Prime Contractor — In privity with the property owner

Preliminary Notice

Not Required

Mechanic Lien

90 days

File the Notice of Lien in the registry of deeds for the county where the property is located.

Prime contractors in privity with the owner should file within 90 days after the entire project is complete.

File before any bona fide purchaser takes title to preserve priority.

Enforcement

120 days

Commence a lawsuit to enforce the lien within 120 days after last labor or materials were furnished.

Maine Mechanic Lien Law Overview

Maine construction mechanic lien rights are governed by 10 M.R.S.A. §3251 et seq. This statutory framework protects the payment rights of contractors, subcontractors, materialmen, and laborers who furnish labor, services, or materials for the improvement of real property in the State of Maine. Maine provides mechanic's lien remedies on both private and certain public works projects, as well as payment bond claims on state public works.

Maine mechanic lien law does not require a preliminary notice for contractors, subcontractors, or materialmen. However, on residential property, subcontractors and materialmen should provide notice to the owner prior to the owner's payment of the contractor, or the mechanic lien will be limited to the unpaid amount owed by the owner to the contractor. §3255(3). This notice to the owner is a practical step to maximize mechanic lien recovery on residential projects.

A Mechanic Lien Claim Statement may be filed with the Recorder of Deeds at any time to preserve priority over a bona fide purchaser. For subcontractors and materialmen, recording the mechanic lien within 90 days of last performance is required, and in any event before a bona fide purchaser takes title. §3253. Suit to enforce the mechanic lien must be filed within 120 days of last performance regardless of the claimant's tier, and a Notice of Mechanic Lien complaint must be recorded. §3255(1).

On public works projects, Maine offers two distinct remedies. A mechanic's lien is available on public works other than state-owned property, such as municipal or school property, following the same general procedures as private works. For state-owned public works, payment bond claims are available under 14 M.R.S.A. §871, which requires a bond minimum of 100% for contracts over $100,000. National Lien & Bond provides authoritative guidance on every aspect of Maine construction mechanic lien compliance.

Maine mechanic lien law
Maine mechanic lien claim statement
How to file a mechanic lien in Maine
Maine construction mechanic lien deadlines
Maine payment bond claim
Maine 10 MRSA 3251

Frequently Asked Questions

What statute governs mechanic's liens in Maine?

Private works mechanic's lien rights are governed by 10 M.R.S.A. §3251 et seq. Public works payment bond claims on state-owned property fall under 14 M.R.S.A. §871. Mechanic's liens are also available on municipal and school property.

Is a preliminary notice required for a mechanic's lien in Maine?

No. Maine does not require a preliminary notice for contractors, subcontractors, or materialmen. However, on residential property, subcontractors should notify the owner before payment to the contractor to maximize mechanic lien recovery. §3255(3).

What is the deadline to record a mechanic's lien in Maine?

Subcontractors and materialmen must record the mechanic lien within 90 days of last performance and before a bona fide purchaser takes title. Contractors may file a Mechanic Lien Claim Statement at any time. §3253.

How long do I have to enforce a mechanic's lien in Maine?

Suit must be filed within 120 days of last performance, regardless of the claimant's tier. A Notice of Mechanic Lien complaint must also be recorded. §3255(1).

Can I file a mechanic's lien on a public project in Maine?

Yes, on municipal and school property. Mechanic's liens are available on public works other than state-owned property. On state-owned projects, payment bond claims under 14 M.R.S.A. §871 are the available remedy.

What is the payment bond suit deadline for Maine public works?

Suit must be filed after 90 days but within 1 year from last performance. The suit must be brought in the county where the principal or surety has its principal place of business. 14 M.R.S.A. §871.

Deadlines Are Unforgiving

Every Day You Wait Is a Day Closer to Missing Your Deadline

Construction lien deadlines are strict and unforgiving. Once they pass, your right to payment may be gone forever.

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