Whether you’re a contractor, subcontractor, supplier, or equipment rental company, getting paid on time is critical. Maine’s mechanic’s lien law offers strong protections, but only if you know how to use it. Here’s a clear, practical look at what the law does—and the key deadlines you can’t afford to miss.
How Maine’s mechanic’s lien works
Maine has a powerful mechanic’s lien law that helps contractors, subcontractors, suppliers, and equipment rental companies secure payment for their work. Any of these groups can use the lien law to enforce their right to payment.
A lien is automatically created when labor, materials, and/or services are added to a property with the owner’s consent. If a mortgage holder or a landlord knows of and consents to the work that was done, the lien will take priority over their interest in the property. Unlike some other states, Maine allows subcontractors and suppliers to enforce a lien even if the owner has paid the general contractor, although there is an exception for owner-occupied residential properties.
The usual deadlines, and why they matter
To enforce a lien the standard way, two strict deadlines must be met:
- Within 90 days of the last day on which work was performed or materials or equipment was supplied, a sworn (not merely acknowledged) lien statement must be recorded at the registry of deeds
- Note: Lien holders with direct contact with the property owner can technically skip this step, but the best practice is to file the statement in a timely manner
- Within 120 days of that last day of work or supplying, a lawsuit must be filed in court
These 90 and 120-day deadlines are strictly enforced. If a deadline falls on a weekend or holiday, the lien statement must be recorded and the lawsuit filed before the deadline passes. Recording the lien statement or filing suit on the next day the registry or courthouse is open will be fatal to the claim. However, if a deadline is missed, there is another way to enforce a lien.
If a deadline is missed, all is not lost
Maine law includes a rarely used alternative for enforcing a lien called a “lien by attachment.” If the typical 90 and 120-day deadlines are missed, a lien can still be enforced by securing a lien by attachment within 180 days from the last day of work.
This option presents significant additional hurdles. First, the lien holder must include a motion for an attachment when suit is originally filed. This gives the owner a chance to dispute the claim. To prevail, the lien holder must convince a court that it has a better than fifty-fifty chance of proving its claim at trial. Second, obtaining an attachment takes time. It will likely require seeking an expedited hearing on the motion to make sure that the 180-day deadline does not pass.
The bottom line
The best practice for contractors, subcontractors and suppliers is to closely monitor payments and lien deadlines, and to give their counsel enough time to record a lien certificate and file suit within the legal amount of time. However, if one misses a lien deadline, they should immediately contact counsel and explore the potential for a lien by attachment.
David Pierson is an attorney in Bernstein Shur’s Construction Law practice group, where he draws on more than 15 years of construction management experience and a strong legal background to support owners, developers, municipalities, architects, and builders. Using a collaborative, solutions-oriented approach, the Construction Law group helps clients avoid disputes, resolve challenges efficiently, and keep their projects—and bottom lines—on track.