Contractor — Optional Mechanic Lien Claim Statement (§3253, §3255(2))
Contractors in direct privity with the owner may file a Mechanic Lien Claim Statement with the Recorder of Deeds at any time to preserve priority over a bona fide purchaser. This filing is optional but highly recommended to establish the mechanic lien interest in the public record. §3253, §3255(2).
There is no specific deadline for contractors to record a Mechanic Lien Claim Statement. However, filing promptly is advisable because the statement's primary purpose is to protect against bona fide purchasers who might otherwise acquire title free of the mechanic lien.
Subcontractor & Materialman — 90-Day Mechanic Lien Recording Deadline (§3253)
Subcontractors and materialmen must record their mechanic lien within 90 days of last performance on the project. The mechanic lien must be recorded before a bona fide purchaser takes title to the property. §3253.
This 90-day deadline is measured from the date of the claimant's last furnishing of labor or materials. Unlike many states that measure from project completion, Maine measures from the individual claimant's last performance, making it critical to track the exact date of final work.
Optional vs. Required Mechanic Lien Claim Statement for Subcontractors
For subcontractors and materialmen, the Mechanic Lien Claim Statement has both an optional and a required component. The optional component allows filing at any time to preserve priority over bona fide purchasers.
The required component mandates recording the mechanic lien within 90 days of last performance and before a bona fide purchaser takes title. Failing to record within 90 days or before a bona fide purchaser takes title will result in loss of mechanic lien rights. §3253.
Public Works — Mechanic's Lien on Municipal or School Property
On public works projects other than state-owned property (municipal or school property), the same mechanic lien recording requirements apply. The mechanic lien must be recorded within 90 days of last performance and before a bona fide purchaser takes title.
This is a unique feature of Maine law — mechanic's liens are available on certain public works projects, unlike most states where mechanic liens cannot attach to public property. However, mechanic liens are not available on state-owned property.
Public Works — No Mechanic Lien on State-Owned Property
Mechanic's liens cannot be filed against state-owned property in Maine. On state public works projects, unpaid subcontractors, materialmen, and laborers must pursue payment through payment bond claims under 14 M.R.S.A. §871.
The payment bond must be a minimum of 100% of the contract amount for contracts over $100,000. Bond claims follow separate notice and suit deadlines distinct from the mechanic's lien process.
Filing Location and Requirements
All Mechanic Lien Claim Statements and mechanic's liens in Maine must be filed with the Recorder of Deeds in the county where the property is located. The filing should include a description of the property, the amount claimed, and the nature of the work or materials furnished.
Proper and timely recording is essential because the mechanic lien's priority and enforceability depend on the recording date relative to any bona fide purchaser's acquisition of title.
Frequently Asked Questions
What is the deadline to file a mechanic's lien in Maine?
Subcontractors and materialmen must record their 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.
Where do I file a mechanic's lien in Maine?
Mechanic Liens and Mechanic Lien Claim Statements are filed with the Recorder of Deeds in the county where the property is located.
Is the Mechanic Lien Claim Statement required for contractors in Maine?
No. For contractors, filing a Mechanic Lien Claim Statement is optional but recommended to preserve priority over bona fide purchasers. For subcontractors and materialmen, recording within 90 days of last performance is required. §3253, §3255(2).
Can I file a mechanic's lien on a public project in Maine?
Yes, but only on public works other than state-owned property. Mechanic Liens are available on municipal and school property following the same procedures as private works. Mechanic Liens cannot be filed on state-owned property.
What happens if a bona fide purchaser takes title before I record my mechanic lien?
If a bona fide purchaser takes title before the mechanic lien is recorded, the mechanic lien will not be enforceable against that purchaser. Filing a Mechanic Lien Claim Statement promptly helps preserve priority. §3253.
Related Maine Resources
Explore other critical compliance areas for Maine construction mechanic lien law.
Notice Requirements
Residential property notice to owner obligations, mechanic lien claim statement filing, and public works bond claim notice rules under Maine law
Mechanic Lien Enforcement Deadlines
120-day suit deadlines, payment bond claim enforcement timelines, and public works mechanic lien suit requirements under Maine law
Maine Overview
Return to the main Maine construction mechanic lien law page