owner was my mom and i had agreement with contractor without contract but contractor went double over what agreed and now filed mechanics lien
i was not owner but i live with my mom
is that valid
1 reply
Jul 14, 2020
Maine's mechanics lien statute doesn't require a written or even verbal contract in order for mechanics lien rights to be present. Rather, as long as the owner consents to the improvement, a lien claim may be available.
As far as ownership goes - if someone acts as the agent of the owner, then the owner would still be on the hook for the agreement their agent agrees to. Further, if the owner knew about the improvement and consented to it, that may be enough in Maine anyway. But, if the owner was completely oblivious or actively opposed the work being done, then a lien claim might not be appropriate.
With all of that being said, a contractor can't just unilaterally double their price. And, if the contractor is willfully claiming more than they're owed, then their lien won't be valid and enforceable - and they may even be liable for damages caused by their claim.
If there's been a lien filed against your property, it might be wise to consult with a Maine construction lawyer. They should be able to help you navigate the process for combatting the claim and having it removed: Find a Maine Construction Lawyer. Additionally, this article should be useful: A Mechanics Lien Was Filed on My Property – What Do I Do Now?