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Can I file a lien?

MaineMechanics LienNotice of Intent to LienRight to Lien
Anonymous Contractor

I helped on a roof replacement. I didn't get paid all of my labor hours and it's over a week since the last payment deadline. Can I file a lien?

1 reply

Trusted Advisor/Partner at Bopp & Guecia
| 6 reviews
Dec 31, 2020

Perhaps, but it depends on the facts. Maine law provides: “Whoever performs labor or furnishes labor or materials, . . . used in erecting, altering, moving or repairing a house, . . . 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 M.R.S. § 3251.

It appears you meet the “performs labor” and “repairing a house” requirements, but was your labor performed “by virtue of a contract with or by consent of the owner”?

You should also be aware that, if you do not have a contract directly with the property owner, you must file/record any lien claim (called a Notice of Lien) in the registry of deeds for the county in which the property is located within 90 days of the date of last furnishing labor or materials.

Finally, you may have other rights and remedies besides pursuing a mechanics lien.

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