Stop-Notice - Maine

NOTICE OF POTENTIAL MECHANIC'S LIEN AND REQUEST TO PROTECT UNPAID CONTRACT FUNDS

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.

This notice is intended for the limited owner-notice route in 10 M.R.S. § 3255(3). It is not a recorded lien, an automatic freeze of funds, or a demand directed to a construction lender.

1. CLAIMANT, OWNER, AND PROJECT

Claimant: [CLAIMANT LEGAL NAME]

Claimant address: [STREET, CITY, STATE, ZIP]

Owner: [OWNER LEGAL NAME]

Owner address or known local agent: [STREET, CITY, STATE, ZIP]

Person with whom Owner directly contracted: [DIRECT CONTRACTOR NAME]

Project address: [PROPERTY ADDRESS, MUNICIPALITY, COUNTY, MAINE]

Property description or registry reference: [BOOK/PAGE, INSTRUMENT NUMBER, OR LEGAL DESCRIPTION]

2. ELIGIBILITY SCREEN — COMPLETE BEFORE DELIVERY

☐ Claimant furnished qualifying labor, materials, services, or equipment for the property by contract with, or with the consent of, the Owner.

☐ Claimant did not contract directly with the Owner and therefore needs the § 3255(3) owner-notice analysis.

☐ The work was not furnished to the premises for a business, commercial, or industrial purpose, or the Owner resides on the affected premises. Section 3255(3) does not otherwise apply to business, commercial, or industrial premises.

☐ Maine counsel confirmed the correct recipient. If the Owner does not reside where the property is located but has a known local agent, § 3255(3) permits notice to that agent or to the Owner where the Owner resides.

☐ Claimant understands that this notice does not itself perfect or enforce a lien and does not impose a statutory withholding duty on a construction lender.

3. CLAIM AND NOTICE

Claimant states that it is furnishing, is about to furnish, or has furnished the following labor, materials, services, or equipment for the property:

[DETAILED DESCRIPTION OF WORK, MATERIALS, SERVICES, OR EQUIPMENT]

First furnishing date: [__/__/____]

Last furnishing date or expected completion date: [__/__/____]

Contract or purchase-order reference: [REFERENCE]

Original contract amount: $[AMOUNT]

Approved changes: $[AMOUNT]

Payments and credits received: $[AMOUNT]

Amount presently claimed due: $[AMOUNT]

Claimant may claim a mechanic's lien under 10 M.R.S. § 3251. Claimant gives this written notice under § 3255(3) before further payment by Owner to the Direct Contractor and requests that Owner confirm the unpaid balance remaining under the direct contract and take appropriate steps, with counsel, to assure payment of valid lower-tier claims.

Owner's potential exposure under § 3255(3) does not exceed the balance due from Owner to the Direct Contractor when Owner first receives this written notice or is served in a lien action. This notice does not require Owner to pay more than that statutory ceiling and does not resolve defenses, offsets, priority, or the validity of the claimed lien.

4. DELIVERY RECORD

Date delivered or mailed: [__/__/____]

Method:

☐ Personal delivery to Owner

☐ Personal delivery to Owner's known local agent

☐ Certified mail, return receipt requested

☐ Other method approved by Maine counsel: [METHOD]

Recipient and address: [NAME AND ADDRESS]

Tracking or delivery proof: [TRACKING NUMBER / RECEIPT / AFFIDAVIT]

5. LIEN-PRESERVATION CHECKLIST

This notice does not replace the following separate steps:

☐ If Claimant did not contract with Owner, prepare and record the sworn statement required by § 3253 within 90 days after Claimant ceased furnishing and mail a copy to the Owner by ordinary mail.

☐ Calculate the § 3255(1) enforcement deadline: generally 120 days after the last labor, services, or materials were furnished, subject to § 3256.

☐ If Claimant did not contract with Owner, account for § 3255(1)'s 30-day delay before serving the complaint and summons on Owner.

☐ After commencing the lien action, complete the separate notice and registry steps required by §§ 3255 and 3261.

☐ Do not use a private fixed-percentage bond demand. Under § 3263, an Owner seeking release after a lien action is filed petitions the court, and the judge or justice determines the bond amount and sureties.

6. OPTIONAL OWNER RESPONSE

The Owner may provide the following information without admitting the claim:

Unpaid balance under direct contract as of receipt: $[AMOUNT]

Amounts disputed or subject to offset: $[AMOUNT AND BASIS]

Planned payment-protection step, if any: [JOINT CHECK / DIRECT PAYMENT WITH CONSENTS / ESCROW / COUNSEL REVIEW / OTHER]

Owner representative: [NAME, TITLE, CONTACT]

Owner signature is not required for Claimant to give this notice.

7. CLAIMANT VERIFICATION

Claimant declares that the factual information stated above is true and complete to the best of Claimant's knowledge and that all known payments and credits have been included.

Date: [__/__/____]

__________________________________

[CLAIMANT OR AUTHORIZED REPRESENTATIVE]

Title: [TITLE]

Telephone: [PHONE]

Email: [EMAIL]

8. OFFICIAL SOURCES

• 10 M.R.S. § 3251: https://legislature.maine.gov/statutes/10/title10sec3251.html
• 10 M.R.S. § 3253: https://legislature.maine.gov/statutes/10/title10sec3253.html
• 10 M.R.S. § 3255: https://legislature.maine.gov/statutes/10/title10sec3255.html
• 10 M.R.S. § 3263: https://legislature.maine.gov/statutes/10/title10sec3263.html