Notice to Owner of Potential Lien - Maine

NOTICE TO OWNER OF POTENTIAL LIEN

10 M.R.S. § 3255(3)

Use for labor, materials, or services furnished without a contract directly with the owner. This notice does not create a contractual payment duty or statutory cure period.

1. STATUTORY WARNING

Under Maine law, your failure to assure that [CLAIMANT NAME] is paid before further payment by you to [DIRECT CONTRACTOR NAME] may result in your paying twice.

2. OWNER AND PROPERTY

• Owner name or names: [NAMES]
• Owner address: [ADDRESS]
• Property address: [ADDRESS]
• Property description sufficient to identify it: [DESCRIPTION]
• Person with whom Owner directly contracted: [NAME]
• Person who contracted with Claimant: [NAME]

3. CLAIMANT NOTICE

Claimant: [LEGAL NAME / ADDRESS / CONTACT]

Claimant:

☐ is going to perform or furnish

☐ is performing or furnishing

☐ has performed or furnished

the following labor, materials, or services for the Property:

[DESCRIPTION]

Claimant may claim a lien on the affected Property for that labor, material, or service.

• First furnishing date: [DATE]
• Date Claimant ceased furnishing: [DATE / ONGOING]
• Current unpaid amount after credits: $[AMOUNT]

4. DELIVERY RECORD

Section 3255(3) describes a written notice from the non-owner-contract claimant. Preserve reliable proof of actual delivery; the statute does not make the optional methods below exclusive.

☐ Personal delivery

☐ Certified mail, return receipt requested

☐ Other method approved by Maine counsel: [METHOD]

• Delivery date: [DATE]
• Recipient: [NAME]
• Proof: [DETAILS]

The owner's payment-based defense applies only to sums paid to the direct contractor before the non-owner-contract claimant begins an enforcement action or provides a compliant written notice. The lien remains limited to the balance due to the person with whom the owner directly contracted.

Applicability limitation: Section 3255(3) does not apply when labor, materials, or services are furnished to premises for a business, commercial, or industrial purpose unless the owner resides on the affected premises.

5. SEPARATE LIEN DEADLINES

Recorded Statement — § 3253

Within 90 days after ceasing to labor, furnish materials, or perform services, record the sworn statement described in § 3253 with the register of deeds and provide a copy to the owner or owners by ordinary mail. A post office certificate of mailing is conclusive proof of receipt for that owner copy.

• Ceasing date: [DATE]
• 90th day: [DATE]
• Recording date: [DATE]
• Owner-copy mailing date / certificate: [DETAILS]

Enforcement Action — § 3255(1)

File the enforcement action within 120 days after the last labor or services are performed or labor, materials, or services furnished. When Claimant lacks a contract with Owner, § 3255(1) delays service of the complaint and summons on Owner until 30 days after filing.

• Last furnishing date: [DATE]
• 120th day: [DATE]
• Planned action filing date: [DATE]

6. SIGNATURE

[CLAIMANT LEGAL NAME]

By: _______________________________

Name and title: [NAME / TITLE]

Date: [DATE]

7. SOURCES AND REFERENCES

• 10 M.R.S. ch. 603, including § 3253: https://legislature.maine.gov/statutes/10/title10ch603.pdf
• 10 M.R.S. § 3255: https://legislature.maine.gov/statutes/10/title10sec3255.html