An Act To Amend the Laws Governing Mechanics' Liens
Maine Legislature, Session 121, LD 1781
Committee: Judiciary
Sponsors: PELLON, STANLEY, DUNLAP, DUPLESSIE, GOODWIN, MAILHOT, O'NEIL, PERRY, RICHARDSON, WATSON
Amends: 10 MRSA §3253

Legislative Document 
No. 1781 
H.P.1303 
House of Representatives, December 22,2003 
An Act To Amend the Laws Governing Mechanics' Liens 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Recei ved by the Clerk of the House on December 17, 2003. Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative PELLON of Machias. 
Cosponsored by Senator STANLEY of Penobscot and 
IY/~ 
1I7.11!tU~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUNLAP of Old Town, DUPLESSIE of Westbrook, GOODWIN of 
Pembroke, MAILHOT of Lewiston, O'NEIL of Saco, PERRY of Calais, RICHARDSON of 
Brunswick, WATSON of Bath. 
Printed on recycled puper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §3253, as amended by PL 1975, c. 91, §1, is 
further amended to read: 
§3253. 
Dissolution unless claim filed 
The lien mentioned in section 3252 ssa!! must be dissolved, 
unless the claimant, within 90 days after se--c-e-a-s-e-s---t.-e---lasslOT 
~aHliss--ma-t.-e-r-i-a-J..-6--s!,--p'€H:'-f--<H:'-m--se!'viees final acceL'tance by the 
owner of the project described in section 3251, files in the 
office of 
the 
register 
of 
deeds 
in the 
county or 
registry 
district in which saes the building, wharf or pier is situated a 
true statement of the amount due sim the claimant, with all just 
credits 
given, 
together 
with 
a 
description 
of 
the 
property 
intended to be 
covered by the lien sufficiently accurate to 
identify it, and the names of the owners, if known; which ssa!! 
must be subscribed and sworn to by the person claiming the lien, 
or by someone in sis the person's behalf, and recorded in a book 
kept for that purpose by the register of deeds for saia the 
county or registry district, wss which is entitled to the same 
fees 
tse!'e~e!' as for rE!cording mortgages. This section ssa!! does 
not apply where the labor, materials or services are furnished by 
a contract with the owner of the property affected. 
Sec. 2. 10 MRS A §3255. sub-§l, as amended by PL 1981, c. 585, 
§2, is further amended to read: 
1. 
Enforcement by action. The liens mentioned in sections 
3251 to 3254 may be preserved and enforced by action against the 
debtor and owner of the property affected and all other parties 
interested tse!'eia, filed with the Superior Court or District 
Court clerk in the county or division where the house, building 
or appurtenances, wharf T or pier or building tse!'eea on the wharf 
or pier, on which a lien is claimed, is situated, within 120 days 
after t;se-~~~-t.-~--t;se-±aB€~---<H:'--~r~~ees--a£e-~~~~~~-laes!'T 
mat;eFia!s-~--&er~~ee&-a-!"€---60--~aFaissea final acceL'tance by the 
owner 
of 
the 
L'roject 
described 
in section 
3251, 
except 
as 
provided in section 3256. 
Sec. 3. 10 MRS A §3257, as amended by PL 1981, c. 585, §3, is 
further amended to read: 
§3257. 
Allegations of complaint; joinder of parties 
The complaint ssa!! must state that the plaintiff claims a 
lien on the house, building or appurtenances, or on the wharf T or 
pier or building t;se!'esa on the wharf or L'ier, as 
t;se-~-may 
seT described t;se!'e3::a in the lien, 
and the land on which it 
stands, for labor or services performed or for labor, materials 
or services furnished, in erecting, altering, moving or repairing 
sa~a the house, building or appurtenances, or in constructing, 
altering or repairing sa~a the wharf r or pier or building EReFeeB 
on the wharf or pier, as--t-he--ease--may--eef whether it was ey 
v~F~~e-e~ with a contract W~ER or by consent of the owner, and if 
not, 
that the claimant has 
complied with section 3253. 
The 
complaint sRall-pray must require that the property be sold and 
the proceeds applied to the discharge of 
s~eR the lien. 
Two or 
more 
lienors 
may 
join 
in 
filing 
and 
prosecuting 
such 
a 
complaint. 
Other lienors may be made parties. 
Other lienors may 
become parties and preserve and enforce their liens on saia the 
property, 
provided 
their 
complaints 
EReFefeFr--seEE~B~--feFER 
describe their claims in substance as required in a complaint Be 
filed with the clerk within 120 days after ERe--1-a-s-1:---d.-aOO-r'--eF 
seFviees-~~~~f~r~-eF-~£~-~-±aeeFr-ffia~~~~-d.£-~~-seFviees 
aFe--~~~~-~--ERem final 
acceptance 
by the 
owner 
of 
the 
project described in section 3251 or within the additional time 
prescribed in section 
3256. 
If 
a 
court 
finds 
that in 
the 
interest of justice an action claiming a lien on property should 
be located in another court of this State, the court making the 
finding may transfer the action to the other court. 
The court 
may consolidate 2 or more actions claiming liens on the same 
property 
into 
one 
proceeding, 
if 
justice 
sRa±±--se--re~~iFe 
requires. 
Any mortgagee or other person having a claim upon, or 
interested legally or equitably in, saia the property may be made 
a party. 
The court shall Rave-~--1;e determine all questions 
of priority of lien or interest, if any, between parties to the 
proceeding. 
SUMMARY 
This 
bill 
amends 
the 
laws 
governing 
mechanics' 
liens 
regarding when such a lien dissolves and when such a lien may be 
preserved and enforced by action against the debtor and owner of 
the property affected. 
It clarifies that the final owner of the 
project must make final acceptance of the claim.