Maine Mechanic’s Lien Rights: A Complete Guide for Subcontractors

In Maine, mechanic's lien rights extend to parties who perform labor or furnish labor, materials, or services for an improvement with the owner’s consent. These parties include:

• General (original) contractors
• Subcontractors and lower-tier subcontractors
• Material suppliers and vendors
• Laborers and tradespeople
• Equipment lessors and rental providers
• Architects, engineers, surveyors, and licensed foresters
• Real estate licensees (for qualifying services)

To be eligible for a mechanic's lien in Maine, your work must fall in the categories of labor, materials, or services, defined under 10 M.R.S. § 3251.

Here are some examples of what’s typically considered lienable and what isn’t.

Lienable Work in Maine

• Erection, alteration, movement, or repair of a house, building, or appurtenance
• Construction, alteration, or repair of wharves or piers
• Site work, including clearing, grading, draining, excavating, and landscaping
• Labor and materials used in or incorporated into the improvement
• Equipment and repair parts used on the project
• Design and professional services tied to the improvement

Non-Lienable Work in Maine

• Work on public property
• Work performed without the owner’s consent or authorization
• Administrative or off-site services unrelated to construction

Maine does not require preliminary notices or notices of intent to lien. Instead, claimants proceed directly to filing the lien—or, in the case of GCs, directly to enforcement through the courts.

Deadline to File

• Subcontractors, suppliers, and laborers: Must record a sworn Statement of Lien within 90 days after last furnishing labor, materials, or services (10 M.R.S. § 3253).
• General (original) contractors: If in direct contract with the owner, no lien is recorded. Lien rights are preserved by filing a court action within the enforcement deadline (10 M.R.S. § 3255).

Filing Requirements

As mentioned, GCs don’t record a lien; instead, they preserve lien rights through a court action, which is covered in the Enforcement section below.

Subcontractors, Suppliers, and Laborers

• Location: Register of deeds in the county or registry district where the property is located.
• Form requirements: Under MRS § 3253, the lien filing claim must include:
  • A true statement of the amount due (minus credits)
  • A property description sufficient to identify the property
  • The name of the property owner, if known
• Verification: Lien claims must be signed, sworn under oath, and notarized.
• Filing fee: Recording fees set by the registry of deeds (fees vary by county).

Service Requirements

After filing a lien, the claimant must mail a copy to the property owner by ordinary mail. A post office certificate of mailing is proof enough of receipt (10 M.R.S. § 3253).

Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Maine.

Enforcement Requirements

• Deadline to enforce: All claimants must commence an action within 120 days after the last day of work or materials delivery.
• Filing location: Superior Court or District Court in the county where the property is located.
• Additional filing: Within 60 days after filing suit, a notice of the lien complaint must be recorded in the registry of deeds to protect priority against bona fide purchasers. (See 10 M.R.S. § 3261 for more details.)
• Lien priority: The court determines lien priority. Lower-tier liens are generally limited to the unpaid balance owed by the owner to the prime contractor at the time of proper notice or when the suit occurred (10 M.R.S. § 3255(3)).

Lien Release Requirements

Maine’s lien statutes do not impose a specific deadline or statutory form for releasing a mechanic’s lien after payment. Once a lien claim is satisfied, resolved, or bonded off, the claimant should record a written release or satisfaction in the registry of deeds where the lien was recorded to clear the title.