MECHANICS' LIEN WAIVER AND RELEASE

State of Maine

Governed by Maine Revised Statutes Annotated, Title 10, Chapter 603

IMPORTANT MAINE-SPECIFIC NOTICES

LIEN ESTABLISHMENT (10 M.R.S.A. § 3251): Maine provides mechanics' lien rights to any person who performs labor or furnishes labor and materials, including services as surveyors, architects, engineers, real estate licensees, or equipment owners, in erecting, altering, moving, or repairing buildings, wharves, piers, and related work on property.

NOTICE REQUIREMENT FOR SUBCONTRACTORS (10 M.R.S.A. § 3253): A person who does not have a direct contract with the owner must record a sworn notice of lien claim in the registry of deeds for the county where the property is located within ninety (90) days after the person last furnishes labor or materials.

ENFORCEMENT DEADLINE (10 M.R.S.A. § 3255): An action to enforce a mechanics' lien must be commenced within one hundred twenty (120) days after the last day on which labor or materials were furnished. This is one of the shorter enforcement deadlines among the states.

NO MANDATORY WAIVER FORMS: Maine does not prescribe mandatory statutory lien waiver forms. The form and content of waivers are determined by contract and common practice.

RESIDENTIAL PROPERTY NOTICE (10 M.R.S.A. § 3261): For residential construction, the general contractor must notify the owner in writing of potential lien rights of subcontractors and suppliers.

NOTARIZATION NOT REQUIRED: Maine does not require lien waivers to be notarized by statute. However, the lien claim notice must be a sworn statement and notarization is recommended for waivers.

DIRECT CONTRACT VS. NO-PRIVITY DISTINCTION: Maine distinguishes between persons who have a direct contract with the owner (who need not record a notice) and those without privity (who must record a notice within 90 days).

PROJECT INFORMATION

Project Name: [________________________________]

Project Address/Legal Description: [________________________________]

City/Town: [________________________________] County: [________________________________] State: Maine Zip: [____]

Property Owner: [________________________________]

General Contractor: [________________________________]

Claimant (Waiver Signer): [________________________________]

Claimant's Role:
☐ General Contractor (direct contract with owner)
☐ Subcontractor
☐ Sub-Subcontractor
☐ Material Supplier
☐ Equipment Lessor / Equipment Owner
☐ Laborer
☐ Surveyor
☐ Architect / Engineer
☐ Real Estate Licensee
☐ Other: [________________________________]

Claimant's Address: [________________________________]

Hiring Party (entity that contracted with Claimant): [________________________________]

Direct Contract with Owner: ☐ Yes ☐ No

Lien Notice Recorded in Registry of Deeds: ☐ Yes ☐ No
If Yes, Recording Date: [__/__/____]
If Yes, Registry of Deeds: [________________________________] County
If Yes, Book/Page: [________________________________]

FORM 1: CONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

Maine Conditional Progress Payment Lien Waiver

NOTICE

This document waives and releases mechanics' lien rights effective only upon actual receipt of payment. Rights arising from retention, work performed after the Through Date, or amounts not described below are not affected.

Project: [________________________________]

Claimant: [________________________________]

Hiring Party: [________________________________]

Property Owner: [________________________________]

Through Date: [__/__/____]

Conditional Payment Amount: $[________________________________]

Check/Draft Number (if known): [________________________________]

CONDITIONAL WAIVER AND RELEASE

Upon receipt of the payment of $[________________________________] from [________________________________], the undersigned Claimant hereby waives and releases any and all mechanics' lien rights, claim of lien, and right to claim a lien under 10 M.R.S.A. § 3251 et seq. for labor, services, equipment, or materials furnished to the above-described Project through [__/__/____] (Through Date), to the extent of said payment.

This waiver and release is expressly conditioned upon actual receipt of payment and clearance of funds. If payment is not received, or if any check or instrument of payment is dishonored, returned, or fails to clear, this waiver and release shall be null and void and of no force or effect, and all lien rights shall remain fully intact.

EXCEPTIONS

This waiver and release does NOT cover and the Claimant expressly reserves all rights for:

1. Retainage in the amount of $[________________________________]
2. Labor, services, equipment, or materials furnished after the Through Date
3. Unpaid change orders or disputed claims: [________________________________]
4. Claims for delay damages or additional costs: [________________________________]
5. Other exceptions: [________________________________]

CERTIFICATION

The undersigned certifies that the foregoing is true and correct and that the undersigned is authorized to execute this document on behalf of the Claimant.

Claimant Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Company: [________________________________]

Date: [__/__/____]

FORM 2: UNCONDITIONAL WAIVER AND RELEASE ON PROGRESS PAYMENT

Maine Unconditional Progress Payment Lien Waiver

NOTICE TO CLAIMANT

WARNING: This document waives and releases lien rights unconditionally and immediately upon signing. A person should not rely on this document unless satisfied that the claimant has received payment and that funds have cleared. Maine provides a 120-day enforcement deadline from last furnishing labor or materials -- ensure your lien rights are adequately protected before signing.

Project: [________________________________]

Claimant: [________________________________]

Hiring Party: [________________________________]

Property Owner: [________________________________]

Through Date: [__/__/____]

Payment Amount Received: $[________________________________]

Payment Date: [__/__/____]

UNCONDITIONAL WAIVER AND RELEASE

The undersigned Claimant has been paid and has received a progress payment in the sum of $[________________________________] for labor, services, equipment, or materials furnished to the above-described Project, and hereby unconditionally waives and releases any and all mechanics' lien rights, claim of lien, and right to claim a lien under 10 M.R.S.A. § 3251 et seq. through [__/__/____] (Through Date), to the extent of said payment.

This waiver and release is effective immediately upon execution and is not conditioned upon receipt of future payment.

EXCEPTIONS

This waiver and release does NOT cover and the Claimant expressly reserves all rights for:

1. Retainage in the amount of $[________________________________]
2. Labor, services, equipment, or materials furnished after the Through Date
3. Unpaid change orders or disputed claims: [________________________________]
4. Other exceptions: [________________________________]

CERTIFICATION

The undersigned certifies that payment in the amount stated above has been received and that the information provided herein is true and correct.

Claimant Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Company: [________________________________]

Date: [__/__/____]

FORM 3: CONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

Maine Conditional Final Payment Lien Waiver

NOTICE

This document waives and releases all mechanics' lien rights upon receipt of final payment. This covers all remaining amounts due, including retention, effective only upon actual receipt and clearance of final payment.

Project: [________________________________]

Claimant: [________________________________]

Hiring Party: [________________________________]

Property Owner: [________________________________]

Final Payment Amount: $[________________________________]

Retention Amount Included in Final Payment: $[________________________________]

Total Contract Amount (including all approved change orders): $[________________________________]

CONDITIONAL WAIVER AND RELEASE

Upon receipt of final payment in the amount of $[________________________________] from [________________________________], and upon clearance of said funds, the undersigned Claimant hereby waives and releases any and all mechanics' lien rights, claim of lien, and right to claim a lien under 10 M.R.S.A. § 3251 et seq. for all labor, services, equipment, or materials furnished to the above-described Project.

This waiver and release is conditioned upon actual receipt of final payment and clearance of funds. If final payment is not received, or if any check or instrument of payment is dishonored or returned, this waiver and release shall be null and void, and all lien rights shall remain in full force and effect.

This waiver covers all amounts due under the contract, including:

• All progress payments previously received
• All retention/retainage
• All approved change orders
• All claims for extras, additional work, or delay damages

Upon receipt and clearance of final payment, the Claimant agrees to execute a Discharge of Lien (if any lien notice has been recorded) as provided by 10 M.R.S.A. § 3256.

EXCEPTIONS

The Claimant reserves the following disputed claims (if any): [________________________________]

AFFIDAVIT OF PAYMENT

The undersigned further certifies that all subcontractors, material suppliers, and laborers employed by or contracted with the undersigned on this Project have been paid in full or will be paid from the final payment referenced herein.

Claimant Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Company: [________________________________]

Date: [__/__/____]

FORM 4: UNCONDITIONAL WAIVER AND RELEASE ON FINAL PAYMENT

Maine Unconditional Final Payment Lien Waiver

NOTICE TO CLAIMANT

WARNING: This document waives and releases ALL mechanics' lien rights for all labor, services, equipment, and materials furnished to the Project unconditionally and immediately upon signing. A person should not rely on this document unless satisfied that final payment has been received and funds have cleared.

Project: [________________________________]

Claimant: [________________________________]

Hiring Party: [________________________________]

Property Owner: [________________________________]

Final Payment Amount Received: $[________________________________]

Date Final Payment Received: [__/__/____]

Total Contract Amount (including all approved change orders): $[________________________________]

UNCONDITIONAL WAIVER AND RELEASE

The undersigned Claimant has received final payment in the amount of $[________________________________], and hereby unconditionally waives and releases any and all mechanics' lien rights, claim of lien, and right to claim a lien under 10 M.R.S.A. § 3251 et seq. for all labor, services, equipment, or materials furnished to the above-described Project.

This waiver and release is effective immediately upon execution, covers all amounts due under the contract, including retention, all change orders, all claims for extras, additional work, or delay damages, and is not conditioned upon receipt of future payment.

The undersigned further certifies that all subcontractors, material suppliers, and laborers employed by or contracted with the undersigned on this Project have been paid in full.

DISPUTED CLAIMS

The Claimant reserves the following disputed claims (if any): [________________________________]

Claimant Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Company: [________________________________]

Date: [__/__/____]

FORM 5: DISCHARGE OF RECORDED LIEN (10 M.R.S.A. § 3256)

For Use When a Lien Notice Has Been Recorded and Must Be Formally Discharged

DISCHARGE OF MECHANICS' LIEN

State of Maine )
County of [________________________________] )

The undersigned, [________________________________] ("Lien Holder"), having previously recorded a Notice of Mechanics' Lien on [__/__/____] with the [________________________________] County Registry of Deeds, Book [____], Page [____], against the following described real property:

Property Description: [________________________________]

Property Address: [________________________________]

Property Owner: [________________________________]

hereby acknowledges full satisfaction and payment of all amounts secured by said lien in the total amount of $[________________________________], and hereby discharges, releases, and cancels said mechanics' lien in its entirety, pursuant to 10 M.R.S.A. § 3256.

This Discharge is intended to be recorded with the [________________________________] County Registry of Deeds to clear said lien from the public records.

Lien Holder Signature: ______________________________

Printed Name: [________________________________]

Title: [________________________________]

Company: [________________________________]

Date: [__/__/____]

NOTARIZATION (RECOMMENDED FOR RECORDING)

State of Maine )
County of [________________________________] )

On this [____] day of [________________________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same voluntarily.

Notary Public: ______________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

[NOTARY SEAL]

PRACTITIONER NOTES AND INSTRUCTIONS

Maine Mechanics' Lien Framework

Maine's mechanics' lien statute (10 M.R.S.A. § 3251 et seq.) provides a relatively straightforward framework with some important distinctions:

Direct Contract vs. No Privity:

Key Maine Lien Deadlines (Critical -- Short Timeframes)

IMPORTANT: Maine has one of the shorter enforcement deadlines in the country. The 120-day enforcement deadline runs from the last date of furnishing labor or materials -- not from the date the lien notice was recorded. This means a subcontractor must both record a lien notice (within 90 days) AND commence a court action (within 120 days) from the same trigger date.

Who May Claim a Lien in Maine

Under 10 M.R.S.A. § 3251, the following persons may claim a mechanics' lien:

☐ Persons performing labor on buildings, wharves, piers, or other structures
☐ Persons furnishing labor and materials for construction
☐ Surveyors
☐ Architects and engineers
☐ Real estate licensees (for certain services)
☐ Equipment owners (for equipment used at the project site)
☐ General contractors
☐ Subcontractors of any tier
☐ Material suppliers

Lien Notice Content Requirements (10 M.R.S.A. § 3253)

A sworn notice of lien claim recorded by a subcontractor or supplier must include:

☐ The net amount due to the claimant
☐ A description of the property sufficient to identify it
☐ The name of the property owner
☐ A statement that the notice is being recorded to preserve lien rights

Residential Property Requirements (10 M.R.S.A. § 3261)

For residential construction (owner-occupied dwellings), Maine requires:

1. Contractor Notification: The general contractor must provide written notice to the owner that subcontractors and suppliers may have lien rights against the property.

2. Timing: The notice should be provided before commencement of work.

3. Content: The notice should explain the mechanics' lien process and the owner's potential liability.

Discharge of Lien (10 M.R.S.A. § 3256)

Upon satisfaction of the lien, the lien holder should record a discharge in the same registry of deeds where the lien notice was recorded. If the lien holder fails to provide a discharge within a reasonable time after demand, the property owner may petition the court for an order discharging the lien, and the lien holder may be liable for costs.

Best Practices for Maine

1. Act quickly -- deadlines are short. The 90-day recording deadline and 120-day enforcement deadline are among the shortest in the nation. Calendar these dates immediately upon last furnishing labor or materials.

2. Use conditional waivers for progress payments. Protect lien rights until payment is confirmed, especially given the tight enforcement timeline.

3. Record lien notices promptly. Subcontractors and suppliers should not wait until the last moment to record a lien notice. Record as soon as a payment dispute arises.

4. Comply with residential notification requirements. General contractors on residential projects must provide the statutory notice to homeowners.

5. Maintain detailed records of last furnishing dates. Because all deadlines run from the date of last furnishing labor or materials, accurate records of this date are essential.

6. File a discharge when paid. Promptly record a discharge of lien when the obligation has been satisfied to avoid liability for failure to release.

MAINE-SPECIFIC WARNINGS

WARNING TO CLAIMANT: Maine has one of the shortest mechanics' lien enforcement deadlines in the country -- only 120 days from the last date of furnishing labor or materials. You must both record a lien notice (within 90 days) AND commence a court action (within 120 days). Missing either deadline permanently extinguishes your lien rights.

WARNING TO PROPERTY OWNER: A general contractor with a direct contract with the owner is not required to record a lien notice -- the lien attaches automatically. Owners should obtain lien waivers from all parties, including the general contractor, to confirm that payments have been received.

WARNING REGARDING SCOPE: Maine lien waivers should be carefully drafted to waive only mechanics' lien rights and not other contractual or equitable remedies. A broadly worded waiver could inadvertently release breach of contract claims, unjust enrichment claims, or other rights.

WARNING REGARDING TIMING: Because the 120-day enforcement deadline runs from the last date of furnishing (not from the date of lien recording), a subcontractor who records a lien notice close to the 90-day deadline will have only approximately 30 days remaining to commence a court action. Plan accordingly.

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Maine mechanics' lien law is governed by 10 M.R.S.A. § 3251 et seq. Users should consult with a qualified Maine attorney for advice specific to their situation.