Construction Liens in Maine

Overview

Maine provides for the filing of Construction Liens by those who provide labor and materials. The statutes do not actually use a specific term for these types of liens. Maine has Type II Construction Liens which require the filing of a notice in the public records in order to estate lien priority.

Source of Authority

ME. Rev. Stat. Ann. Tit. 10, §§ 3251 et seq.

Authority for Lien

Whoever performs labor or furnishes labor or materials…or supplier of equipment used in erecting, altering, moving or repairing a house, building or appurtenances…including the surveying, clearing, grading, draining, excavating or landscaping of the ground adjacent to and upon which any such objects are constructed…by virtue of a contract with or by consent of the owner, has a lien thereon and on the land on which it stands and on any interest such owner has in the same, to secure payment thereof, with costs. (ME Rev. Stat. §3251)

Mechanic's Lien Priority

Any person who is a bona fide purchaser for value… takes title free of the lien described in this chapter unless, before the bona fide purchaser takes title to the premises on which such lien attaches (a) (t)he person performing or furnishing that labor, materials or services either has filed the notice required by section 3253 or has filed a notice in the office of the register of deeds in the county or registry district in which these premises are located…(b) or (i)f an action to enforce the lien has been commenced in accordance with this section, notice has been provided in accordance with section 3261. (ME Rev. Stat. 3255(2))

Filing (Lien) Period

…The lien under section 3252 is dissolved unless the claimant, within 90 days after ceasing to labor, furnish materials or perform services (f)iles in the office of the register of deeds in the county or registry district in which the building, wharf or pier is situated a true statement of the amount due the claimant, with all just credits given, together with a description of the property intended to be covered by the lien sufficiently accurate to identify it and the names of the owners, if known. And (p)rovides a copy of the statement under paragraph A to the owner or owners by ordinary mail. For purposes of this paragraph, a post office certificate of mailing the notice to the owner is conclusive proof of receipt by the owner. (ME Rev. Stat. §3253)

Period to File Action

The liens mentioned in (this) section may be preserved and enforced by action against the debtor and owner of the property affected and all other parties interested therein, filed with the Superior Court or District Court clerk in the county or division where the house, building or appurtenances, wharf, pier or building thereon on which a lien is claimed is situated within 120 days after the last of the labor or services are performed or labor, materials or services are so furnished, except as provided in section 3256. NOTE: An additional 30 day is mandated before the service on the owner if the labor or materials were not contracted for with the property owner. (ME Rev. Stat. §3255(1))

Other

Provisions governing liens for road work and landscaping are governed by MRSA, Title 10, Sec. 3501

Cross-References

• Maine