Home>Levelset Community>Legal Help>maine has a law that says work over $3,000 needs a contract but can then a contractor file a mechanic lien without a con
maine has a law that says work over $3,000 needs a contract but can then a contractor file a mechanic lien without a con
mechanic lien
without a contract
also done outside of 120 days since person who had power of attorney authorized work without my ok
2 replies
Jul 7, 2020
First, if someone has power of attorney, then they may be entitled to authorize work on your behalf without your consent. Ultimately, that's sort of the point of the power of attorney arrangement. Granted, if their power was limited to specific actions, then they aren't able to take actions beyond the scope of the arrangement. It'd be important to review the documentation establishing that person's power of attorney to determine the scope of their power. Still, it's possible to challenge actions taken - as discussed in these articles: (1) How to Challenge Power of Attorney; (2) 3 Potential Ways to Challenge a Power of Attorney; and (3) Who Can Override a Power of Attorney?
Regarding a contract: Nothing in Maine's mechanics lien statute seems to require a written contract in order to file a mechanics lien. So, if the agreement can be proved in some other way, then it could give rise to a valid mechanics lien claim.
In any event, mechanics liens can be challenged for a number of reasons. And, consulting with a local Maine construction lawyer would be useful for identifying issues with the claim: Find a Maine Construction Lawyer. Additionally, this article might be useful: A Mechanics Lien Was Filed on My Property – What Do I Do Now?
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Jul 7, 2020
I forgot to address the mechanics lien deadline here - my apologies. If the claimant missed their window to file a lien claim (90 days after last furnishing) or a lawsuit on the claim (120 days after last furnishing), then their claim would very likely end up being invalid and unenforceable. And, challenging the lien claim on those grounds could be helpful in having the lien tossed aside.
More on the Maine lien deadline here: When is the deadline to file a Maine Mechanics Lien?