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subcontractor vs gc

MaineLien DeadlinesMechanics Lien

maine no contract general contractor last day on job is x a subcontractor did work on property without consent of owner after gc last day so say y (owner said to not do anymore work) gc filed mechanics lien gc was paid by his parents for work (not requested to do so from owner) is last day to calculate timing of mechanics lien based on x or y

1 reply

Jul 14, 2020
First, mechanics liens are generally only available for authorized work. So, if the owner specifically asked their GC or sub not to perform any more work, then that work won't be lienable. Further, if the owner requested that work stop, then work after that request generally shouldn't extend the timeframe to file a lien claim. Granted, if a subcontractor wasn't aware of that request and showed up to the project, as planned - then they might not be held accountable for something that was out of their control. In terms of a general contractor's lien deadline - if the owner requested that the GC stopped work, and if a subcontractor performed some work after that, it probably shouldn't result in the GC's deadline being extended. However, this is certainly a rare situation that isn't specifically accounted for in Maine's lien statute. And, consulting with a Maine construction lawyer could be useful for clearing things up. In addition to the above, these resources should 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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