Maine Preliminary Notice FAQs

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.

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.

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.

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.

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.

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

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

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