Hi there. I have been working as a part time project manager for a company which has a property facing foreclosure and auction, possibly bankruptcy within 30 days. I am owed approximately $3000 in owed labor for time organizing GCs, laborers, deliveries, etc throughout the summer. I'd like to file a lien before this company goes under, but am unsure of the process or my rights as a contacted project manager.
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!