PRE-LIEN NOTICE / NOTICE TO OWNER
(State of Maine – 10 M.R.S. § 3251 et seq.)
[// GUIDANCE: Use this form when a subcontractor, material supplier, laborer, or other potential lien claimant must alert the Property Owner before recording a mechanic’s lien or to preserve lien priority where the Owner has not yet made final payment to the Prime Contractor. Maine does not currently impose a universal “pre-notice” requirement, but timely written notice is essential to (i) prevent loss of lien rights if the Owner pays the Prime Contractor in good faith and (ii) compel the Owner to withhold contract funds. This template is drafted to satisfy the content and service requirements generally accepted under 10 M.R.S. § 3252 and related provisions. Customize all bracketed items and confirm time-lines (generally within 90 days after last furnishing and before final payment).]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants
- Default & Remedies
- Dispute Resolution
- General Provisions
- Execution Block
- Affidavit of Service (optional but recommended)
1. DOCUMENT HEADER
Pre-Lien Notice / Notice to Owner
Effective Date: [DATE]
From (the “Claimant”):
• Legal Name: [CLAIMANT LEGAL NAME]
• Mailing Address: [ADDRESS]
• Telephone / E-mail: [PHONE / EMAIL]
To (the “Owner”):
• Legal Name(s): [OWNER NAME]
• Mailing Address: [ADDRESS]
Project (the “Project”):
• Common Name or Title: [PROJECT NAME]
• Physical Address: [PROPERTY STREET ADDRESS, CITY/TOWN, COUNTY, STATE OF MAINE, ZIP]
• Legal Description (attach Exhibit A if lengthy).
Prime Contractor: [PRIME CONTRACTOR LEGAL NAME & ADDRESS]
Loan / Construction Lender (if known): [LENDER NAME & ADDRESS]
Recitals
A. Claimant has furnished labor, materials, equipment, or services (collectively, the “Work”) for improvement of the Property pursuant to the Project described above.
B. Pursuant to 10 M.R.S. § 3252 et seq. (“Maine Lien Law”), Claimant is entitled to assert a mechanic’s lien against the Property for unpaid amounts.
C. Maine Lien Law permits or, under certain residential projects, requires written notice to the Owner before final payment to the Prime Contractor to preserve the Claimant’s lien rights.
D. Claimant delivers this Pre-Lien Notice to comply with Maine Lien Law, to perfect or preserve its mechanic’s lien rights, and to require the Owner to retain contract funds to satisfy the Claim Amount set out below.
2. DEFINITIONS
For purposes of this Notice, capitalized terms have the meanings set forth below:
“Claim Amount” means US $[AMOUNT], representing the unpaid portion of the Contract Sum as of the Effective Date.
“Contract Sum” means the total value of the Work furnished by Claimant under its agreement with [CONTRACTING PARTY] in the amount of US $[TOTAL CONTRACT VALUE].
“Last Furnishing Date” means [DATE MM/DD/YYYY], the last date on which Claimant furnished labor, materials, or services to the Project.
“Notice” means this Pre-Lien Notice / Notice to Owner, including all attachments and any amendments hereafter delivered.
“Work” means the labor, materials, equipment, and/or services described in Section 3.2 below.
3. OPERATIVE PROVISIONS
3.1 Notice of Potential Lien
Claimant hereby notifies Owner that, unless the Claim Amount is fully paid or otherwise resolved, Claimant intends to record and enforce a mechanic’s lien against the Property pursuant to Maine Lien Law.
3.2 Description of Work
• General Scope: [e.g., “Rough and finish carpentry,” “Ready-mixed concrete supply,” etc.]
• Contract Dates: Commencement – [DATE] | Substantial Completion – [DATE or “ongoing”]
3.3 Claim Amount
As of the Effective Date, the Claim Amount is US $[AMOUNT]. Interest, finance charges, attorney fees, and costs will continue to accrue as allowed by contract or statute.
3.4 Property Description
The Property subject to potential lien is commonly known as [STREET ADDRESS] and more particularly described in Exhibit A (attached).
3.5 Preservation of Funds
Under Maine Lien Law, upon receipt of this Notice, Owner is placed on notice of Claimant’s unpaid balance and is strongly advised to retain from payments otherwise due to the Prime Contractor an amount sufficient to cover the Claim Amount, plus statutory interest and costs, until lien claims are resolved or statutory waivers are obtained.
3.6 Timing Compliance
This Notice is delivered within the statutory time period measured from the Last Furnishing Date and, in any event, prior to Owner’s final payment to the Prime Contractor.
3.7 Service of Notice
A copy of this Notice is being served on Owner by [PERSONAL DELIVERY / CERTIFIED MAIL, RETURN RECEIPT REQUESTED / OTHER ACCEPTED METHOD] in accordance with Maine Lien Law. Proof of service appears in the Affidavit of Service attached hereto.
3.8 Request for Information
Owner is requested to provide, within ten (10) days of receipt hereof, written confirmation of (i) any remaining contract balance owed to the Prime Contractor and (ii) the scheduled date of final payment.
4. REPRESENTATIONS & WARRANTIES
4.1 Power and Authority
Claimant is duly organized, validly existing, and authorized to transact business in the State of Maine.
4.2 Accuracy of Information
The statements contained in this Notice are true and correct to the best of Claimant’s knowledge, information, and belief, and are made subject to the penalties for unsworn falsification under 17-A M.R.S. § 453.
4.3 Continuation
Claimant reserves the right to amend this Notice to correct, increase, or otherwise modify the Claim Amount and related details in accordance with Maine Lien Law.
5. COVENANTS
5.1 Duty to Cooperate
Owner agrees (by operation of law upon receipt of this Notice) to withhold sufficient funds as set forth in Section 3.5 and to arrange for payment or resolution of the Claim Amount prior to disbursing final payment to the Prime Contractor.
5.2 Waivers of Lien
Claimant shall, upon receipt of full payment of the Claim Amount in immediately available funds, deliver a duly executed and notarized waiver and release of mechanic’s lien in form reasonably acceptable to Owner.
6. DEFAULT & REMEDIES
6.1 Events of Default
Failure by Owner to retain funds or otherwise satisfy Claimant’s Claim Amount on or before [DEADLINE DATE] constitutes an Event of Default.
6.2 Remedies
Upon an Event of Default, Claimant may, without further notice, (i) record a sworn statement of mechanic’s lien in the appropriate Registry of Deeds, (ii) commence a civil action to foreclose the lien within statutory deadlines, and (iii) seek all other relief permitted under Maine Lien Law, including interest, costs, and reasonable attorney fees.
7. DISPUTE RESOLUTION
7.1 Governing Law
This Notice, and any mechanic’s lien or subsequent action arising herefrom, shall be governed by and construed in accordance with the laws of the State of Maine, without regard to conflict-of-law principles.
7.2 Forum Selection
Any action to enforce or foreclose the mechanic’s lien shall be commenced exclusively in a state court of competent jurisdiction located in the county where the Property is situated.
7.3 Injunctive Relief
Claimant reserves the right to seek temporary restraining orders or preliminary injunctions to prevent transfer, encumbrance, or waste of the Property pending resolution of the Claim Amount.
8. GENERAL PROVISIONS
8.1 Amendments
Any amendment to this Notice must be in writing and served on Owner in the manner required for service of original Notices under Maine Lien Law.
8.2 Severability
If any provision of this Notice is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8.3 Integration
This Notice constitutes the complete and exclusive statement of Claimant’s current claim against Owner with respect to the Work performed as of the Effective Date, subject to future amendments under Section 4.3.
8.4 Counterparts; Electronic Signatures
This Notice may be executed in counterparts and delivered by electronic transmission, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.
9. EXECUTION BLOCK
CLAIMANT:
By: [NAME, TITLE]
For: [CLAIMANT LEGAL NAME]
Date: _____
STATE OF __
COUNTY OF __
On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [NAME], who proved to me through satisfactory evidence of identification to be the person whose name is signed above, and acknowledged that (s)he executed this instrument for the purposes therein contained.
Notary Public
My Commission Expires: ______
[// GUIDANCE: Notarization is recommended though not strictly required for the Notice itself. A sworn statement will be required if a formal lien claim is later recorded.]
10. AFFIDAVIT OF SERVICE
(Complete after service)
I, [SERVER NAME], affirm under oath as follows:
- I am over 18 years of age and not a party to this action.
- On [DATE], I served the foregoing Pre-Lien Notice / Notice to Owner on [OWNER NAME] at [SERVICE ADDRESS] by:
☐ Personal delivery; or
☐ Certified mail, return receipt requested, article no. [#]; or
☐ Other legally permitted method: [DESCRIBE]. - A copy of the signed receipt / proof of delivery is attached hereto.
I declare under penalty of perjury that the foregoing is true and correct.
Signature of Server
Date: _____
EXHIBIT A
(Legal Description of Property)
[INSERT FULL METES-AND-BOUNDS OR LOT & PLAN REFERENCE]
[// GUIDANCE: • File retention – maintain original Notice, proof of service, and any delivery receipts.
• Deadline checklist – (i) serve this Notice before Owner’s final payment; (ii) record formal lien within 120 days of Last Furnishing Date; and (iii) commence lawsuit within 90 days thereafter, per 10 M.R.S. § 3253. Confirm current statutes before reliance.
• Residential Projects – if Claimant is the Prime Contractor on an owner-occupied 1-to-3 family dwelling, a different statutory “NOTICE TO OWNER” in at least 14-point bold type is required at contract signing (10 M.R.S. § 3259). This template is primarily for downstream claimants (subs, suppliers); adapt accordingly.]