Home>Levelset Community>Legal Help>I am considering filing a lien on property for a project I have not been paid in full for. I am in Maine, York County.

I am considering filing a lien on property for a project I have not been paid in full for. I am in Maine, York County.

MaineMechanics Lien

I have a client that is refusing to pay the last of the $1,000 she owes my painting and remodeling company. We had a contract, although I'm not 100% sure I can locate the signed version. We have several email communications however and very clear proof of the job/work done. Her son, also included in communications is the actual property owner. In any case, we also did $2000 worth of extras for her. We submitted an invoice, which she initially agreed to pay, and is now refusing. I am curious if I can ask for the entire $3,000 in the lien, or just the $1,000 from the contract. I am also wondering if this should be sent to her, or her son who is the property owner. They both live in the home. Right now I am trying to settle this without further action, but I have yet to hear back. Also, will I need to get a lawyer for this at some point or can this all be done by myself and levelset?

1 reply

Feb 12, 2020

Maine generally does not require any preliminary notice to be sent in order to retain lien rights. And, for parties who contract directly with the property owner, as long as the deadline and formal requirements for the lien itself are met, the lien doesn't even need to be recorded prior to initiating a lawsuit to enforce the lien claim. In such circumstances, however, it may be worth sending a notice of intent to lien to the property owner in an attempt to get paid prior to incurring the time and expense of a lawsuit. Maine does not require a written and signed contract in order for a construction participant to qualify for mechanics lien rights. Accordingly, when labor or material are furnished to a construction project pursuant to a contract with or agreement of the owner, the full value of that labor or material can generally be protected by a mechanics lien - whether or not a written contract was executed. Since a direct contractor in Maine can proceed directly to a lawsuit without filing a lien in the recorder's office, the same rules governing lawsuits in general apply. While an individual claimant can generally represent him/herself (although it is rarely, if ever, a good idea) a business is usually prohibited from doing so, and must enlist the assistance an attorney. However, a potential lien claimant in Maine can send a notice of intent to lien, or even file and serve a lien document even if not necessarily required. Either of these actions can potentially be accomplished by the claimant without an attorney, and through the use of software.

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