Menu
Home>Levelset Community>Legal Help>Right to file a Lein against former business partner?

Right to file a Lein against former business partner?

MaineRight to Lien

My former business partner and I are 50/50 owners of a LLC. The LLC developed a commercial solar project which an investor is soon acquiring and constructing. My former business partner has pushed me out of the LLC and won't honor and payments and/or settlement for exiting the LLC. In this scenario, can I file a Lein on the construction of the solar array to force a settlement?

1 reply

Apr 15, 2021

 If by “file a Lien” you mean a mechanic’s lien, under
applicable Maine law, a mechanic’s lien is available to “[w]hoever performs
labor or furnishes labor or materials, including repair parts of machines used,
or performs services as a surveyor, an architect, a forester licensed under Title
32, chapter 76 or an engineer, or as a real estate licensee, or as an
owner-renter, owner-lessor, or owner-supplier of equipment used in erecting,
altering, moving or repairing a house, building or appurtenances, including any
public building erected or owned by any city, town, county, school district or
other municipal corporation, or in constructing, altering or repairing a wharf
or pier, or any building thereon, including the surveying, clearing, grading,
draining, excavating or landscaping of the ground adjacent to and upon which
any such objects are constructed, or in selling any interest in land,
improvements or structures, by virtue of a contract with or by consent of the owner,
. . .” Your situation sounds like it probably does not fit the statutory language
for a mechanic’s lien, but that said, you should have the option of filing a lawsuit
and seeking an attachment against your former business partner and/or the LLC,
depending on the language of your LLC agreement and other factors. If the court
grants you an attachment as to certain assets, then you will be able to place
an attachment lien on those assets.  

1 person found this helpful
Helpful