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Maine Lien Waivers Guide and FAQs

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Maine Lien Waiver FAQs

Maine Lien Waivers Overview

Maine Lien Waiver Rules

  • Rules At A Glance
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lien waivers regulated
No Specific Form

Maine does not require or provide any specific or statutory lien waiver form. Any form may be used.

lien waivers do not need to be notarized
Notarization Not Required

Maine lien waivers are not required to be notarized, and do not benefit from being notarized.

Can Waive Rights in Contract

Maine has no specific prohibition against waiving future lien rights through contract, or otherwise prior to work. However, Maine courts have looked upon such waivers with disfavor.

Can Waive Rights Before Payment

Maine does not prohibit waiving lien rights prior to payment.

Maine lien waivers can be very tricky.

Lien waivers are not heavily regulated in Maine, both with respect to form and language, or to timing. Maine statutes and case law seems to suggest that lien waivers (also sometimes called lien releases or releases) are treated just like any other contract. And that parties can use almost whatever language they want in lien waivers, and lien waivers can be effective no matter when they are exchanged.

This means that in Maine, construction participants should look very closely at what is being agreed upon in any contract and lien waiver document. Since lien rights appear to be able to be waived before work even begins, it is crucial to examine contracts for “no-lien” clauses. And, when waiving lien rights after work has been performed, or pursuant to payment, it’s worth making sure that there is not language hiding in the document that waives more than intended.

As such, using standard, fair, and clear lien waiver forms and language is best practice for construction participants in Maine.

Below are some frequently asked questions about the lien waiver laws and requirements in Maine.

Free Maine Lien Waivers Forms & Templates

Maine does not have specific forms that must be used to waive lien rights on Maine construction projects. Since there is little regulation of lien waiver forms, they can say pretty much anything. These forms were drafted by construction attorneys to be safe, easy, stress-free, and fair for everyone involved. And they can be used on any Maine job.

The forms provided here for free by Levelset are easy, clear, and fair. You can download them free, or use our free system to send or request your Maine lien waiver form.

Free Maine Lien Waiver Forms

These Maine lien waiver forms are compliant with the state's requirements. Make it easy, and use forms from the source you can trust.

Maine Final Conditional Lien Waiver Form - free from

Maine Final Conditional Lien Waiver Form

This me final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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Maine Final Unconditional Lien Waiver Form - free from

Maine Final Unconditional Lien Waiver Form

This me final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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Maine Partial Conditional Lien Waiver Form - free from

Maine Partial Conditional Lien Waiver Form

This me partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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Maine Partial Unconditional Lien Waiver Form - free from

Maine Partial Unconditional Lien Waiver Form

This me partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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Maine Lien Waivers FAQs

Maine lien waivers are exchanged by job participants all the time - both around the time of payment, and sometimes by contract. In Maine, lien waivers are not regulated. This means that there are no specific laws setting forth the forms and rules of exchanging these documents. Maine lien waivers are a lot like miniature contracts exchanged by parties. And, like regular contracts, they can have significant impact on legal rights. Some states really restrict what can and cannot be done with lien waivers, but Maine is not one of them. Accordingly, construction job participants must be very careful when preparing, signing, requesting, exchanging, and otherwise handling lien waivers - or contracts that may include lien-waiver language.

Maine Lien Waiver FAQs

Does Maine require a specific statutory lien waiver form?

No, Maine does not require or provide statutory forms for lien waivers.

What are the requirements for an Maine lien waiver? What makes a lien waiver binding?

There are no specific statutory provisions controlling the specific requirements for a lien waiver to be effective in Maine.

Are Unconditional Lien Waivers Prohibited in Maine?

Maine does not expressly prohibit unconditional lien waivers through statutory law or case law.

Is there a specific statutory prohibition on lien waivers in advance of payments, furnishing of work, or furnishing of materials in Maine?

No.  There is no specific statutory prohibition on advance lien waivers in Maine.  However, most cases in which the law is silent, advance lien waivers are looked upon with disfavor.

Must Maine lien waivers be notarized?

No. There is no specific requirement for Maine lien waivers to be notarized in order to be valid.

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How to file a lien in Maine

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