Maine Mechanic’s Lien

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Below is an overview of the preliminary steps for filing a mechanic’s lien in the state of Maine.

COMMERCIAL:

  • Upfront Notice:
    • Notice to Owner/Lender:
      • To obtain a lien and to have priority over mortgage claims, those not working directly for the owner must show their work was done with the knowledge and consent of the owner. To assist in this, BICA sends a version of our courtesy letter called the “Notice to Owner/Lender” which simply lets them know you are or will be supplying labor or materials on this job.
      • This notice should be sent before starting work on the project.
      • These lien rights can be negated if the Owner informs the supplier or subcontractor in writing that the owner will not be responsible for the labor, materials or services.
  • Notice of Furnishing:
    • This notice is optional.
    • A person furnishing labor or materials can protect his lien rights against a future purchase of the property by filing a Notice of Furnishing with the Register of Deeds.
    • This must be done before a purchaser takes title to the premises.
    • This notice is available on the BICA member portal or by directly emailing BICA.
  • Follow-up Notice: There is no statutory follow-up notice.

RESIDENTIAL:

  • Upfront Notice:
    • Notice to Owner:
      • This notice should be sent as soon as possible as it only preserves lien rights on monies not yet paid by the owner to the direct contractor.
    • Notice of Furnishing: (Same handling as for Commercial jobs.)
  • Follow-up Notice: There is no statutory follow-up notice.

PUBLIC:

  • Upfront Notice:
    • Maine allows liens on municipal and county property but not state property.
    • Notice to Owner/Lender:
      • Municipal or County: (See Commercial jobs) BICA sends this modified Courtesy Notice to assist in showing the owner knew of and thereby consented to the work being done or materials furnished.
      • State of Maine: BICA sends this notice in lieu of a Courtesy Notice.
  • Follow-up Notice (if not paid):
    • Notice of Claim: (Bond Claim)
      • Required within 90 days of last delivery.
      • Not required if working directly for the owner or general contractor.
      • This notice is available on the BICA member portal.

Throughout our site you can find more resources on the process of filing mechanic’s liens and preliminary notices. If you’re ready to get started, be sure to reach out to us on our contact page, or call us at (800) 722-2422.