Home>Levelset Community>Legal Help>Maine-subcontractor has 90 days to file but prime contractor has 120 so can prime file lien after 90 days if sub did wk

Maine-subcontractor has 90 days to file but prime contractor has 120 so can prime file lien after 90 days if sub did wk

Anonymous Contractor

prime contractor filed lien within 120 days but it was really a subcontractor doing work so if prime contractor last day was more than 120 days but subcontractor was within 120 days but past 90 days is this invalid

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,003 reviews

Jul 13, 2020

Maine has different mechanics lien rules based on the claimant's role on the project. But, those rules change depending on who hired the lien claimant - not on some title. If the claimant was hired by someone other than the property owner (i.e. if they were hired by the GC, a subcontractor, etc.), then their deadline to file a mechanics lien will be 90 days after last furnishing labor or materials to the project. But, if the claimant was hired directly by the owner, they won't actually need to file their lien claim - they can proceed directly to a lien enforcement lawsuit. For further discussion on Maine's mechanics lien rules: Maine Mechanics Lien Guide and FAQs. Additionally, these articles might 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?

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