An Act To Require the Fair Application of the Mechanic's Lien Law
Maine Legislature, Session 122, LD 0570
Committee: Judiciary
Sponsors: COWGER, SMITH, BROMLEY, CLUKEY, DOW, NUTTING, FARRINGTON, MOODY, RECTOR, SCHATZ
Amends: 10 MRSA §3255

Legislative Document 
No. 570 
S.P. 178 
In Senate, February 3, 2005 
An Act To Require the Fair Application of the Mechanic's Lien Law 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Senator COWGER of Kennebec. 
Cosponsored by Representative SMITH of Monmouth and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: BROMLEY of Cumberland, CLUKEY of Aroostook, DOW of Lincoln, NUTTING 
of Androscoggin, Representatives: FARRINGTON of Gorham, MOODY of Manchester, 
RECTOR of Thomaston, SCHATZ of Blue Hill. 
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 sball is only ae available with 
respect to sums paid by the owner to the person with whom the 
owner has directly contracted wbel'e :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 wbieb 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 ~hel'e~el' on the affected property for the 
labor, materials or 
servic~ and wbi-eh--sha±± that must contain 
the following warning at the top of the notice: 
Under 
Maine 
law, 
your 
failure 
. . . . . • . .. (name of claimant giving 
further payment by you to ........ . 
result in your paying twice. 
to 
ass~l'e 
ensure 
that 
notice) is paid before 
(name of contractor) may 
In no case sha±± may the total amount due from the owner to those 
performing or furnishing labor, materials or services wi thout a 
contract with the owner exceed the balance due from the owner to 
the person with whom be the ow~ 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. 
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 
be the 
owne~ 
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 bis ~ 
lien claim. 
Page l-LR1733(1) 
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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 
first 
given 
prior 
notice 
of 
this 
possibility. 
Commercial customers are not entitled to 
notice before they can be required to pay 
eliminates 
the 
nonresidential 
exemption 
to 
requirement. 
receive such prior 
twice. 
This bill 
the 
prior 
notice