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Maine lien law about construction person walking off job and has now filed a lien

I had a person working on repairing my property after a pipe breaking. There is an insurance claim and he walked off the job. There is no signed contract. I paid him some money in good faith as the claim was being processed. I am not a resident of Maine. This is a vacation home. During the worldwide pandemic he asserted that I was not going to pay him.

1 reply

Apr 6, 2020

Mechanics lien claimants in Maine don't have to have a written contract in order to pursue their lien claims. Specifically, § 3251 of Maine's lien statute states a lien may be filed for work done "by virtue of a contract with or by consent of the owner..." So, as long as an owner has verbally contracted for or at least consented to the work, a written contract generally won't be necessary. When a claimant has filed a mechanics lien, typically the fastest and easiest way to resolve the issue is to have the claimant release their own lien. So, negotiating with the claimant, coming up with a reasonable solution, and exchanging payment for a mechanics lien release is often a great route for resolving things. Obviously, though, if there's an issue with the claim - like an exaggerated lien, poor workmanship, etc. - then challenging the lien claim may be appropriate, too. This question sounds eerily similar to another recent Maine question - so I'll assume it may have been double posted - you can read that other Q&A here: Maine Mechanics Lien on a Summer Home. And, as discussed in that answer, this article should be useful to you: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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