Lien Certificate-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice of Lien

Scope: State of Maine, Private Works.

Important: If you have not served the owner with a Preliminary Notice before he pays the prime contractor in full he may have the right to assert a defense of payment against any lien. See Maine Preliminary Notice, Private Work, memo for more information.

Time Constraints: How you must file your claim depends on the type of relationship you have with the owner:

If you did not deal directly with the owner and no formal contract exists between you and the owner: File a notarized Lien Certificate and Statement of Account with the county recorder's office of the state where the project is located within 90 days after last furnishing materials or services. Serve a copy by certified mail upon the owner.  In addition, you must record a attested copy of the lien complaint, or a clerk’s certificate of the filing, with the recorders office when you have filed your complaint to perfect your lien.

If you did deal directly with the owner and a formal contract exists between you and the owner: No notice is required. However, as a collection practice we strongly urge you to consider using the Lien Certificate process as above.

All cases: Your lien claim must be made before sale to a bona fide purchaser of the property.

Perfection: To perfect your Mechanic's Lien, you must file suit to enforce the lien within 120 days after last furnishing labor, materials or services.

Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Mechanic's Lien file suit against the sureties within the time limitations stated in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend your attorney handle the enforcement actions to perfect you lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice of Lien, Exhibit’s A-D, if needed, Notary form, and Recorder’s Letter.

Procedures: Prepare your documents using the required information. File your Lien Notice of Lien. Serve copies upon the owners (your customer is optional) and sureties. At this point you are ready to file suit to enforce all of your claims in one action.

Created with the Personal Edition of HelpNDoc: Generate EPub eBooks with ease