**STATE OF MAINE – [COUNTY] COUNTY
[COURT NAME]**
Civil Action Docket No. _______
COMPLAINT FOR BREACH OF CONTRACT
(With Demand for Jury Trial)
[// GUIDANCE: This template is drafted for use in the Maine Superior Court. Adapt caption and court references if filing in the District Court.]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Jurisdiction, Venue, and Parties
IV. Factual Allegations
V. Claims for Relief
VI. Damages and Other Relief Requested
VII. Demand for Jury Trial
VIII. Conditions Precedent & Compliance with Procedural Rules
IX. Prayer for Relief
X. Signature / Rule 11 Certification
XI. Verification (Optional)
XII. Service and Summons Information [Attorney Use Only]
I. DOCUMENT HEADER
- Effective Filing Date: ____ [DATE]
- Governing Law: State contract law of Maine.
- Forum Selection: State court (see Section III).
- Injunctive Relief: Requested (see Section VI).
II. DEFINITIONS
For purposes of this Complaint, the following capitalized terms have the meanings set forth below. Undefined capitalized terms have the meanings assigned where first used.
“Agreement” means the written contract dated ___ [DATE] between Plaintiff and Defendant, attached hereto as Exhibit A.
“Breach” means Defendant’s failure to perform its obligations under the Agreement as more fully described in Section IV.
“Plaintiff” means ___ [PLAINTIFF’S FULL LEGAL NAME], including its successors and assigns.
“Defendant” means ___ [DEFENDANT’S FULL LEGAL NAME], including its successors and assigns.
[// GUIDANCE: Add or delete defined terms as necessary; ensure use is consistent throughout.]
III. JURISDICTION, VENUE, AND PARTIES
3.1 Plaintiff. Plaintiff is a ___ [state type of entity/individual] organized under the laws of ___ [STATE] with its principal place of business at ___ [ADDRESS].
3.2 Defendant. Defendant is a ___ [state type of entity/individual] organized under the laws of ___ [STATE] with its principal place of business at ___ [ADDRESS], and at all relevant times conducted business in Maine.
3.3 Jurisdiction. This Court has subject-matter jurisdiction pursuant to Me. Const. art. VI, §1 and 4 M.R.S.A. §105 because the amount in controversy exceeds the jurisdictional minimum of the Superior Court.
3.4 Venue. Venue is proper in this County under 14 M.R.S.A. §501 because (a) Defendant resides or has a place of business in this County, and/or (b) the cause of action accrued here.
[// GUIDANCE: Adjust statutory citations if suing in District Court.]
IV. FACTUAL ALLEGATIONS
4.1 The Agreement. On ___ [DATE], Plaintiff and Defendant executed the Agreement (Ex. A) whereby Defendant agreed to ___ [describe obligations], and Plaintiff agreed to ___ [describe obligations/consideration].
4.2 Plaintiff’s Performance. Plaintiff satisfied all conditions precedent and duly performed, including:
a) ;
b) ; and
c) Any obligations excused by Defendant’s prior breach or waiver.
4.3 Defendant’s Breach. Beginning on or about ___ [DATE], Defendant materially breached the Agreement by:
a) Failing to ___ [describe breach];
b) Delivering defective ___; and
c) Ignoring written notices dated ___ [DATES] demanding cure.
4.4 Notice and Opportunity to Cure. Plaintiff provided Defendant with written notice of default on ___ [DATE] as required by Section __ of the Agreement and by Me. R. Civ. P. 8(a). Defendant failed to cure within ___ [NUMBER] days.
4.5 Resulting Damages. As a direct and proximate result of Defendant’s Breach, Plaintiff incurred damages, including but not limited to:
a) Unpaid sums of $;
b) Incidental and consequential damages of approximately $; and
c) Attorney’s fees and costs as provided in Section __ of the Agreement.
V. CLAIMS FOR RELIEF
COUNT I – Breach of Contract
5.1 Plaintiff realleges and incorporates by reference Paragraphs 4.1–4.5.
5.2 A valid and enforceable contract exists between the parties (Ex. A).
5.3 Plaintiff fully performed or was excused from performance.
5.4 Defendant materially breached the Agreement.
5.5 Plaintiff has suffered damages in an amount to be proven at trial, plus pre- and post-judgment interest pursuant to 14 M.R.S.A. §1602-B.
COUNT II – Breach of the Implied Covenant of Good Faith and Fair Dealing (Optional)
[// GUIDANCE: Delete Count II if not applicable in your fact pattern.]
5.6 Maine law implies a covenant of good faith and fair dealing in every contract.
5.7 Defendant’s conduct described above violated that covenant, independently causing Plaintiff damages.
VI. DAMAGES AND OTHER RELIEF REQUESTED
6.1 Compensatory Damages: $___ [amount or “to be determined”].
6.2 Incidental & Consequential Damages: As allowed by law.
6.3 Pre- and Post-Judgment Interest: At the maximum rate allowed by 14 M.R.S.A. §1602-B.
6.4 Attorney’s Fees & Costs: Pursuant to Section __ of the Agreement and Me. R. Civ. P. 54(d).
6.5 Injunctive Relief: Preliminary and permanent injunctions restraining Defendant from ___ [describe].
6.6 Any Additional Relief: The Court deems just and proper.
VII. DEMAND FOR JURY TRIAL
Pursuant to Me. R. Civ. P. 38(b), Plaintiff demands a trial by jury on all triable issues.
VIII. CONDITIONS PRECEDENT & COMPLIANCE WITH PROCEDURAL RULES
8.1 All conditions precedent to filing this action have occurred, been performed, or have been waived.
8.2 This pleading is made in conformity with the “short and plain statement” standard of Me. R. Civ. P. 8(a) and is verified or certified in accordance with Me. R. Civ. P. 11.
8.3 Plaintiff understands that discovery in Maine civil actions is governed by Me. R. Civ. P. 26–37, including:
• Presumptive limit of thirty (30) interrogatories per party (Rule 33).
• Depositions limited to one (1) day of seven (7) hours unless otherwise stipulated or ordered (Rule 30(d)).
• Mandatory initial disclosures per Rule 26(b).
[// GUIDANCE: Tailor discovery limits if filing in a Business & Consumer Court or if case is designated complex.]
IX. PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:
A. Awarding compensatory, incidental, and consequential damages in an amount to be proven at trial;
B. Awarding pre- and post-judgment interest as allowed by law;
C. Awarding reasonable attorney’s fees and costs;
D. Issuing preliminary and permanent injunctive relief as set forth above; and
E. Granting such other and further relief as the Court deems just and proper.
X. SIGNATURE / RULE 11 CERTIFICATION
Respectfully submitted this ___ day of __, 20.
[ATTORNEY NAME], Esq. (Bar No. _)
[LAW FIRM NAME]
[ADDRESS] • [CITY], ME [ZIP]
Tel: ___ • Fax:
Email: ___
Attorney for Plaintiff
Pursuant to Me. R. Civ. P. 11, the undersigned counsel certifies that, after reasonable inquiry, the factual allegations have evidentiary support and the legal contentions are warranted by existing law or a good-faith argument for its extension.
XI. VERIFICATION (Optional – Use If Required by Court or Particular Claim)
I, ___ [PLAINTIFF REPRESENTATIVE NAME], being duly sworn, depose and say that I am the ___ [title/relationship] of Plaintiff in the foregoing action, that I have read the foregoing Complaint and know the contents thereof, and that the same are true to my knowledge, except as to those matters stated to be on information and belief, and as to those matters I believe them to be true.
[NAME]
Subscribed and sworn before me this ___ day of __, 20.
Notary Public
My Commission Expires: __
[// GUIDANCE: Maine does not generally require verification for contract complaints, but some judges prefer it. Use at counsel’s discretion.]
XII. SERVICE AND SUMMONS INFORMATION [ATTORNEY USE ONLY; NOT FILED]
• Prepare Summons in compliance with Me. R. Civ. P. 4(a).
• Arrange service by sheriff, deputy, or other authorized process server under Rule 4(c).
• Ensure service is effected within 90 days of filing (Rule 3), or move for enlargement under Rule 6(b).
• Retain proof of service (Rule 4(f)) for filing with the Court.
[// GUIDANCE:
1. Attach the Agreement and any relevant notices as exhibits.
2. Omit confidential information under Maine Rule of Electronic Courts if e-filing.
3. Review local court rules for any county-specific cover sheets or settlement conference requirements.
4. Consider early mediation to satisfy potential judicial encouragement for ADR.
]