An Act Concerning the Fair Application of the Mechanic's Lien Laws
Maine Legislature, Session 121, LD 0580
Committee: Business, Research and Economic Development
Sponsors: COWGER, BROMLEY, DUPREY, KOFFMAN, RECTOR, ROGERS, SMITH, SULLIV AN, SUSLOVIC, HALL
Amends: 10 MRSA §3255

Legislative Document 
No. 580 
H.P.443 
House of Representatives, February 11,2003 
An Act Concerning the Fair Application of the Mechanic's Lien 
Laws 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative COWGER of Hallowell. 
Cosponsored by Senator BROMLEY of Cumberland and 
/J1~/J7.~ 
MilLICENT M. MacFARLAND 
Clerk 
Representatives: DUPREY of Medway, KOFFMAN of Bar Harbor, RECTOR of Thomaston, 
ROGERS of Brewer, SMITH of Monmouth, SULLIV AN of Biddeford, SUSLOVIC of 
Portland, Senator: HALL of Lincoln. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §3255, sub-§3~ as enacted by PL 1975, c. 734, 
is amended to read: 
3. 
Notice to owner. If the labor, materials or services 
were not performed or furnished by a contract with the owner of 
the property affected, the lien described in this chapter may 
only be enforced against the property affected to the extent of 
the balance due to the person with whom the owner has directly 
contracted 
to 
perform 
or 
furnish 
the 
labor, 
materials 
and 
services 
on 
which 
that 
lien 
claim 
is 
based. 
The 
defense 
established by this subsection saall is only ae available with 
respect to sums paid by the owner to the person with whom the 
owner has directly contracted waete when payment was made prior 
to commencement of an action to enforce such lien by the person 
performing or furnishing labor, materials or services without a 
contract with the owner or 
a written notice from the person 
performing or furnishing labor, materials or services without a 
contract with the owner waiea that sets forth a description of 
the property sufficiently accurate to identify it; the names of 
the owners; that the person giving notice is going to perform or 
furnish, 
is 
performing 
or 
furnishing 
or 
has 
performed 
or 
furnished labor, materials or services; that the person giving 
notice may claim a lien therefor aBaL which saall must contain 
the following warning at the top of the notice: 
Under Maine law, your failure to assure that 
(name of the claimant giving notice) 
.... is paid before further payment by you to (name of 
contractor) 
.... may result in your paying twice. 
payiB~-t::wiee ... 
±B-Be-ease-saall-t::ae The total amount due from the owner to those 
performing or furnishing labor, materials or services without a 
contract with the owner may not exceed the balance due from the 
owner 
to 
the 
person 
with 
whom 
ae 
the 
owner 
has 
directly 
contracted at the time of service of process on the owner in a 
lien action or receipt of the written notice described above, 
whichever occurs first. 
Page l-LR1l75(l) 
If the owner does not reside in the place where the property is 
located, but has a known agent therein, notice may be given to 
the agent or to the owner at the place where 
he the owner 
resides. If the notice provided by this subsection is given, the 
lien claimant must also comply with the notice requirements of 
section 3253 and commence the legal action required by subsection 
to the extent that this compliance is required in order to 
preserve his the lien claimant's lien claim. 
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SUMMARY 
The mechanic's lien law permits a subcontractor or material 
supplier to collect from 
a 
residential customer directly when 
that subcontractor or material supplier has not been paid by the 
general contractor, even if the residential customer has paid the 
general contractor. 
Thus, the residential customer may end up 
paying 
twice 
for 
services 
or 
materials, 
but 
only 
if 
the 
residential customer is given prior notice of the possibility 
that 
that 
customer 
may 
have 
to 
pay 
twice. 
There 
is 
no 
requirement that nonresidential customers 
be given such prior 
notice. 
This bill eliminates the nonresidential exemption to the 
prior notice requirement.