Maine Notice of Lien Form

In general, if there are multiple properties each property may need a separate lien claim and potentially an entirely separate lien process. To make sense of this a mechanics lien is a right against the property itself. An essential element of filing a mechanics lien is that the property owner must be made aware of it and lumping a group of unrelated properties in a single lien and potential foreclosure proceeding is confusing. Multiple properties equals multiple liens. If a project with multiple properties was ultimately contracted for by one party, it may be allowable to file one lien in certain circumstances and in certain states. However, the general best practice and safest measure would be to file a separate lien for each individual property on which work was performed.

First, mechanics liens are generally only available for authorized work. So, if the owner specifically asked their GC or sub not to perform any more work, then that work won't be lienable. Further, if the owner requested that work stop, then work after that request generally shouldn't extend the timeframe to file a lien claim. Granted, if a subcontractor wasn't aware of that request and showed up to the project, as planned - then they might not be held accountable for something that was out of their control. In terms of a general contractor's lien deadline - if the owner requested that the GC stopped work, and if a subcontractor performed some work after that, it probably shouldn't result in the GC's deadline being extended. However, this is certainly a rare situation that isn't specifically accounted for in Maine's lien statute. And, consulting with a Maine construction lawyer could be useful for clearing things up. In addition to the above, these resources should be useful: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?

Oral contracts are binding, too - so, if there was a price agreed upon verbally, then a mechanics lien claim probably shouldn't exceed that price. What's more, Maine's mechanics lien statute actually states that lien rights will be available when the work was done "by virtue of a contract with or by consent of the owner," at § 3251. Meaning, if the owner has consented to the improvement, then a lien claim could be filed even if there's no contract. Generally, if there's no contract or price, then the value of the work that was done may be lienable. For more discussion on Maine lien law, here's a helpful guide: Maine Mechanics Lien Guide and FAQs. If it looks like your property may soon be liened, or if there's already been a lien filed against your property, then these articles may help: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?