Maine Notice to Owner Form
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Get help filing your Maine Preliminary Notice
While not required in Maine, those who do not contract with the Owner may deliver a Notice to Owner to the property owner. On residential projects, this is beneficial because residential owners will not be required to pay liens if they have already paid the general contractor (and did not receive a notice to owner). On other project types, it may aid the subcontractor in proving that the owner knew about the work being performed, which is required to file a lien. Click the button below to download a free Maine Notice to Owner form.
Rules and regulations for sending a Maine Preliminary Notice
While not required in Maine, those who do not contract with the Owner may deliver a Notice to Owner to the property owner. On residential projects, this is beneficial because residential owners will not be required to pay liens if they have already paid the general contractor (and did not receive a notice to owner). On other project types, it may aid the subcontractor in proving that the owner knew about the work being performed, which is required to file a lien.
After completing the Maine Notice to Owner Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
Others are asking about Maine Preliminary Notice
What is the timeline to file a lien after sending Notice of Intent?
A mechanic’s lien arises when the labor or materials are supplied. The lien is automatically dissolved, however, unless the supplier records a Notice of Lien in the registry of deeds in the county where the construction project is located within 90 days after the date of last work or materials supplied. Any supplier that has a contract with the owner of the property, however, is exempt from this requirement. In either event, to preserve the lien, a supplier must file within 120 days of the date of the last labor, services, or materials being provided, a complaint in the county or district court division in which the construction project is located. Additionally, a certificate from the clerk of court in which the action is pending, or an attested copy of the lien complaint, must be filed in the registry of deeds within 60 days of the day on which the lien complaint was filed.
This is a complicated and detailed process. It typically makes good sense to hire an experienced Maine attorney to guide you through the process.
Can I file a lien?
In Maine, the proper parties that may file a mechanics lien or are given mechanic lien protection are those that, "performs labor or furnishes labor or materials" to the construction, alteration, repair, or moving of a building. Specifically, parties that are included in these protections include surveyors, architects, engineers, real estate licensees, landscapers, and sellers of land/improvements or structures. Equipment lessors and parties that provide equipment parts are also included. In Maine, there is no limitation on which tiers of a project (subcontractors, etc.) may file a mechanics lien. Therefore, if you fall within any of the previous descriptions of qualified parties, you may file a mechanics lien to prompt payment you are owed.
Keep in mind that you can file a Notice of Intent (NOI) to Lien form, although they aren't required by the state of Maine, the form is very successful at prompting payment without having to take the next step of filing a lien. If a party refuses to pay your claim or ignores your calls, sending an NOI to that party will let them know that you're serious about collecting your payment. The NOI gives the parties that owe you money one final chance to pay, and the form advises the parties involved that a lien will be filed if payment is not received within 10 days.
I hope that helps!
Ask a construction lawyer about a Maine Preliminary Notice
Other forms to use in Maine
Maine County Recorders
Looking to file/record a mechanics lien in Maine? You'll need to get your Maine mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Maine. Click on any county to find more information about how to get your lien recorded in that county.
140 Main St.,Suite 5
Farmington, Maine, 4938
50 State Street, Suite 9
Ellsworth, Maine, 4605
phone: (207) 667-8353
32 High Street
Wiscasset, Maine, 4578
phone: (207) 882-7431
fax: (207) 882-4061
85 Court St
Machias, Maine, 4654