Maine Legislature, Session 122, LD 0570
Committee Amendment CA_A_S230 (Senate)
Amends: 10 MRSA §3253, 10 MRSA §3255

COMMITTEE AMENDMENT "A, to S.P. 178, L.D. 570, Bill, "An 
Act To Require the Fair Application of the Mechanic's Lien Law" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 10 MRSA §3253, as amended by PL 1975, c. 91, §l, is 
repealed and the following enacted in its place: 
§3253. 
Dissolution unless claim filed 
1. 
Filing of claim. 
The lien under in section 3252 is 
dissolved unless the claimant. within 90 days after ceasing to 
labor. furnish materials or perform services: 
A. 
Files in the office of the register of deeds in the 
county or registry district in which the building. wharf or 
pier is situated a true statement of the amount due 
th~ 
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. 
The statement must be subscribed and 
sworn to by the person claiming the lien. or by someone in 
the claimant's behalf. and recorded in a book kept for that 
purpose by the register of deeds for the county or registry 
district. who is entitled to the same fees as for recording 
mortgages; and 
Page l-LR1733(2) 
COMMITTEE AMENDMENT 
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fO. 
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COMMITTEE AMENDMENT ,A" to S.P. 178, L.D. 570 
B. 
Provides a copy of the statement under paragraph A to 
the owner or owners by ordinary mail. 
For purposes of this 
paragraph. a post office certificate of mailing the notice 
to the owner is conclusive proof of receipt by the owner. 
2. 
Exemption for contract with owner. 
This section does 
not apply when the labor. materials or services are furnished by 
a contract with the owner of the property affected. 
Sec. 2. 10 MRSA §3255, sub-§1, 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 therein, filed with the Superior Court or District 
Court clerk in the county or division where the house, building 
or appurtenances, wharf, pier or building thereonT on which a 
lien is claimedT is situatedT within 120 days after the last of 
the 
labor or services 
are performed or labor, materials or 
services are so furnished, except as provided in section 3256. 
If the 
labor. 
materials or services 
were 
not 
performed 
or 
furnished by a contract with the owner of the property affected. 
the claimant may not serve the complaint and summons. as provided 
in the Maine Rules of Civil Procedure. on the owner until 30 days 
after the date of filing of the complaint and any deadline for 
filing a return of service on the owner provided in the Maine 
Rules of Civil Procedure is tolled for 30 days.' 
SUMMARY 
This amendment replaces the bill. 
This 
amendment 
rewrites 
the 
provisions 
concerning 
the 
requirements for avoiding the dissolution of a mechanic's lien to 
include providing notice to the owner or owners of the lien 
filing if the lien claimant does not have a contract with the 
owner or owners. 
This amendment establishes a period during which the lien 
claimant and the contractor have the opportunity to work out the 
claim for payment underlying the lien before the lien claimant 
must provide notice of the filing of the complaint in court. 
This amendment requires the lien claimant to wait 30 days after 
filing the complaint against the contractor, the owner and other 
responsible parties to notify the owner of the property. 
This 
amendment tolls the deadline for filing the return of service for 
serving the complaint on the owner, 
as provided in the Maine 
COMM/rrEE AMENDMENT 
COMMITTEE AMENDMENT ,~, to S.P. 178, L.D. 570 
Rules of Civil Procedure, for 30 days, which is consistent with 
not serving the owner of the suit for 30 days. 
COMMITTEE AMENDMENT