Fred W. Bopp III is an attorney and Partner at Bopp & Guecia in Yarmouth, Maine, and regularly handles construction and real estate dispute matters. Fred has over 30 years of experience and is licensed to practice in Maine, Massachusetts, and New Hampshire. Fred attended Dartmouth College, graduating in 1984, and Vanderbilt University School of Law, graduating in 1989. More...
As a matter of Maine statutory law, to potentially qualify for a mechanic’s lien the labor you perform must be used in erecting, altering, moving or repairing a house, building or appurtenances. The packing and delivering of a customer’s household goods does not appear to fall within this language. Accordingly, I do not believe you would have the right to pursue a mechanic’s lien in these circumstances. Of course, you can always sue the client based on the wrSee More...See More...
Yes, it could easily cost $9,400 or more in attorney fees to enforce the lien because to do so requires preparing and filing a complaint, which could cost a few thousand dollars by itself, and then pursuing a lawsuit either to a settlement or a judgment. Also, Maine law does not allow the inclusion of attorney fees in the amount of the lien claim. That said, there may be other claims you could bring that could potentially allow you to collect your attorney fees. FoSee More...See More...
You may well have the right to assert and pursue a mechanic's lien if you meet these requirements under Maine law, which provides: "Whoever . . . performs services as . . . a real estate licensee . . . in selling any interest in land, improvements or structures, by virtue of a contract with or by consent of the owner, has a lien thereon and on the land on which it stands and on any interest such owner has in the same, to secure payment thereof, with costs." 10 See More...See More...
I would need to know additional facts to provide you with a more tailored answer, but generally speaking, you want to trade the discharge of your lien for the check paying you what you are owed - at or about the same time. Failing that, you should have a written agreement in place stating how, when, and how much you will be paid in return for discharging your lien. See More...