Maine Preliminary Notice Guide and FAQs

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Maine Preliminary Notice FAQs

About Maine Preliminary Notice

Maine Preliminary Notice Rules
At a Glance


  • Private Jobs
  • Public Jobs
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Preliminary notice not required in WV
Preliminary Notices Are Generally Not Required

Preliminary notices are generally not required in Maine. However, there are specific situations in which a preliminary notice can either protect a lien claimant’s rights that may not otherwise be protected, or help a lien claimant prove the owner’s consent.


N/A
Notice Not Required

GC's do not need to send a Preliminary Notice.


N/A
Notice Not Required

Subcontractors do not need to send a Preliminary Notice.


N/A
Notice Not Required

Supplier and Equipment Lessors do not need to send a Preliminary Notice.

Preliminary notice not required in WV
Preliminary Notice Not Required

Maine imposes no requirements for any construction participant on a public job to provide preliminary notice in order to retain the ability to make a claim against a payment bond. However, it can be a good idea to provide a notice even when not required to promote visibility on construction projects.


X
N/A

On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.


X
Notice Not Required from Subs

Maine does not required preliminary notice to be provided in order to retain rights to make a claim against a payment bond.


X
Notice Not Required from Suppliers

Maine does not required preliminary notice to be provided in order to retain rights to make a claim against a payment bond.

Preliminary notices are not generally required in Maine. However, there are a few instances in which a preliminary notice can significantly help protect mechanics lien rights. While not specifically required by Maine law, notice may be filed in the Registry of Deeds in order to preserve the lien claimant’s lien against a subsequent bona fide purchaser for value. If this notice is not given, (or an action to enforce the lien has not commenced) a purchaser of the property will take the title of the property free of the lien. Further, by serving a Notice of Intent to Lien on the property owner on an owner-occupied project, a participant is able to make Maine a “full-price” lien state, rather than an “unpaid balance” lien state as it is if no notice is given.

On owner-occupied residential projects (including commercial, business, or industrial projects where the owner resides on the premises) a lien claimant may, but is not required to, serve a preliminary notice on the owner of the property. While this notice is voluntary, it may serve two important purposes: 1) in Maine, a lien claimant is required to prove that a property owner had knowledge of, and consented to, the labor or materials furnished, providing the property owner with this notice can accomplish this (this notice may be provided on any project to accomplish this goal); and 2) in Maine, unless notice is given, the property owner is only liable to pay amounts still due to the general contractor; that means that if the owner has already paid the general the full contract amount the lower-tier lien claimant is out of luck.

Preliminary Notice Frequently Asked Questions

If you're sending preliminary notices in Maine, it's important to understand the rules and requirements in order to get the most benefit possible from sending your notice. Since prelims are subject to a lot of complex rules and requirements, this can all be difficult. These are some frequently asked questions about the notice process in Maine.

Prelim FAQs on Private Projects

Do I Need to Send a Maine Preliminary Notice?

It depends. Preliminary notices are generally not required in Maine. However, there are specific situations in which a preliminary notice can either protect a lien claimant’s rights that may not otherwise be protected, or help a lien claimant prove the owner’s consent.

While not specifically required by Maine law, notice may be filed in the Registry of Deeds in order to preserve the lien claimant’s lien against a subsequent bona fide purchaser for value. If this notice is not given, (or an action to enforce the lien has not commenced) a purchaser of the property will take the title of the property free of the lien.

On owner-occupied residential projects (including commercial, business, or industrial projects where the owner resides on the premises) a lien claimant may, but is not required to, serve a preliminary notice on the owner of the property. While this notice is voluntary, it may serve two important purposes:

1) in Maine, a lien claimant is required to prove that a property owner had knowledge of, and consented to, the labor or materials furnished, providing the property owner with this notice can accomplish this (this notice may be provided on any project to accomplish this goal); and

2) in Maine, unless notice is given, the property owner is only liable to pay amounts still due to the general contractor; that means that if the owner has already paid the general the full contract amount the lower-tier lien claimant is out of luck.

When do I Need to Send a Maine Preliminary Notice?

The notice to protect one’s claim as to a bona fide purchaser for value, should be filed in the Registry of Deeds as soon as possible after commencement of work, in order for maximum protection of the claimant. This notice must be refilled every 120 days to remain effective. Notice on owner-occupied residential projects should likewise be given as soon as possible in order for maximum protection of the claimant. Since the lien amount is limited to the amount still due to the general contractor at the time the notice is received or the lien is filed, whichever is earlier, it is best practice to send this notice as soon as possible.

What if I Send the Maine Preliminary Notice Late?

If the notice to protect the lien claimant’s claim as to a purchaser is not filed (or re-filed) prior to the sale of the property, the new purchaser takes the title to the property free of the lien. Failure to file this notice has no bearing on the validity of any subsequently filed lien, however. The late sending of a notice to owner on an owner-occupied residential project may or may not affect the lien. This is not a required notice, so there is no statutory penalty for not providing this notice. If the property owner has paid the general contractor, however, the lien claimant’s lien may be limited to the amount still due to the general contractor, if any.

How Should the Maine Preliminary Notice be Sent?

The notice to protect one’s claim as to a bona fide purchaser for value should be filed in the Registry of Deeds. The notice to owner on an owner-occupied residence should be “given” or “provided” to the property owner. No specific method of providing the notice to the owner is provided by Maine law so the notice may be given to the owner by any method. It may be best practice, however, to send the notice by certified mail.

Do I Have to Send the Maine Preliminary Notice to Someone Other than the Owner?

The notice to protect one’s claim as to a bona fide purchaser for value should be filed in the Registry of Deeds. The notice to owner on an owner-occupied residence must only be provided to the owner.

Is the Nevada Preliminary Maine Requirement met when sent or delivered?

Notices are generally considered delivered when sent, and considered recorded when recorded.

Prelim FAQs on Public Projects

Do I Need to Send a Maine Preliminary Notice?

No. Maine does not require any preliminary notice to preserve a claimant’s right to make a bond claim.

When do I Need to Send a Maine Preliminary Notice?

N/A

What if I Send the Maine Preliminary Notice Late?

N/A

How Should the Maine Preliminary Notice be Sent?

N/A

To Whom Must the Maine Preliminary Notice be Given?

N/A

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How to file a lien in Maine

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Maine Preliminary Notice Form Template

While not specifically required to the extent that notices may be required in other states, there are still specific requirements that must be met in order for an Maine preliminary notice to be effective. This doesn’t mean that the form has to look at a certain way, but it does mean that the document must contain certain information. The forms provided here for free by Levelset are compliant with the Maine rules. You can download them for free, or use our system to send or request them easily.

Maine Notice to Owner Form - free from

Maine Notice to Owner Form

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...

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