Mechanic's liens are governed under Title 10, Chapter 603 of the Maine Code. In Maine, persons furnishing labor, equipment, materials or services without a direct contract with the owner should to send a Notice to Owner document to preserve lien rights. The notice to owner informs the owner of a subordinate contractor's potential lien claim, and reminds them to ensure that, before paying any other party, they should confirm the claimant sending the notice is paid or the owner could end up paying twice for the same labor and materials. Basically, this document protects the property owner and the subcontractor sending the notice, from any unscrupulous actions by the prime contractor.

If the labor, materials or services were not performed or furnished by a contract with the owner of the property affected, a lien may only be enforced against the property affected to the extent of the balance due to the person with whom the owner has directly contracted to perform or furnish the labor, materials and services on which that lien claim is based. 10 M.R.S. section 3255(3). The defense shall only be available with respect to sums paid by the owner to the prime contractor, where payment was made prior to commencement of an action to enforce such lien by the person performing or furnishing labor, materials or services without a contract with the owner or a written notice from the person performing or furnishing labor, materials or services without a contract with the owner. Id.

The Notice must set forth a description of the property sufficiently accurate to identify it; include the names of the owners; a statement that the person giving notice is going to perform or furnish, is performing or furnishing or has performed or furnished labor, materials or services; and notice that the person giving the notice may claim a lien. Id.

Submit the completed, signed, and notarized notice to the local office responsible for maintaining land records, and deliver a certified copy of the recorded document to the property owner and the prime contractor.

This article is provided for informational purposes only and should not be relied upon as substitute for the advice from an attorney. For any questions regarding sending notice to the owner, or any other issues related to liens in Maine, please speak with a licensed attorney.

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