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TITLE 10 COMMERCE AND TRADE
PART 7 LIENS
CHAPTER 603 BUILDINGS, LOTS, WHARVES AND PIERS; LABOR AND
MATERIALS
10 § 3251 Lien Established
10 § 3252 Prevention of Lien
10 § 3253 Dissolution Unless Claim Filed
10 § 3254 Inaccuracy Does Not Void Lien if Reasonably
Certain
10 § 3255 Liens Preserved and Enforced by Action
10 § 3256 Extension of Labor
10 § 3257 Allegations of Complaint; Joinder of Parties
10 § 3258 Determination of Amount; Jury Trial
10 § 3259 Sale of Property; Redemption; Pro Rata Shares
10 § 3260 Deficiency; Judgment for Balance
10 § 3261 Certificate to be Filed with Register of Deeds
10 § 3262 Enforcement by Attachment
10 § 3263 Petition for Release
10 § 3264 Consolidation of Actions
10 § 3265 Sale on Execution; Several Judgments; Redemption
10 § 3266 Action or Lien
10 § 3267 Liens for Labor
10 § 3268 Action Brought by Labor Organization
10 § 3269 Limitations
MAINE
STATUTES 1997
TITLE 10 COMMERCE AND TRADE
PART 7 LIENS
CHAPTER 603 BUILDINGS, LOTS, WHARVES AND PIERS; LABOR AND
MATERIALS
10 § 3251 Lien Established
Whoever performs labor or furnishes labor or materials, including
repair parts of machines used, or performs services as a surveyor,
an architect or an engineer, or as a real estate licensee,
or as an owner-renter, owner-lessor, or owner-supplier of
equipment used in erecting, altering, moving or repairing
a house, building or appurtenances, including any public building
erected or owned by any city, town, county, school district
or other municipal corporation, or in constructing, altering
or repairing a wharf or pier, or any building thereon, including
the surveying, clearing, grading, draining, excavating or
landscaping of the ground adjacent to and upon which any such
objects are constructed, or in selling any interest in land,
improvements or structures, by virtue of a contract with or
by consent of the owner, has a lien thereon and on the land
on which it stands and on any interest such owner has in the
same, to secure payment thereof, with costs. If the owner
of the building has no legal interest in the land on which
the building is erected or to which it is moved, the lien
attaches to the building, and if the owner of the wharf or
pier has no legal interest in the land on which the wharf
or pier is erected, the lien attaches to the wharf or pier,
and in either case may be enforced as provided. If the owner
of such land, building, wharf or pier, so contracting, is
a minor or married woman, such lien exists and such minority
or coverture does not bar a recovery in any proceeding brought
to enforce it.
(Amended 1997)
10
§ 3252 Prevention of Lien
If the labor, materials or services were not furnished by
a contract with the owner of the property affected, the owner
may prevent such lien for labor, materials or services not
then performed or furnished, by giving written notice to the
person performing or furnishing the same that he will not
be responsible therefore.
10
§ 3253 Dissolution Unless Claim Filed
The lien mentioned in section 3252 shall be dissolved, unless
the claimant, within 90 days after he ceases to labor, furnish
materials or perform services, files in the office of the
register of deeds in the county or registry district in which
such building, wharf or pier is situated a true statement
of the amount due him, 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 shall be subscribed and
sworn to by the person claiming the lien, or by someone in
his behalf, and recorded in a book kept for that purpose by
the register of deeds for said county or registry district,
who is entitled to the same fees therefore as for recording
mortgages. This section shall not apply where the labor, materials
or services are furnished by a contract with the owner of
the property affected.
(Amended 1975)
10 § 3254 Inaccuracy Does Not Void Lien
if Reasonably Certain
No inaccuracy in such statement relating to said property,
if the same can be reasonably recognized, or in stating the
amount due for labor, materials or services invalidates the
proceedings, unless it appears that the person making it willfully
claims more than his due.
10 § 3255 Liens Preserved and Enforced
by Action
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
thereon, on which a lien is claimed, is situated, 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.
(Amended 1981)
2. Bona fide purchaser. Any person who is a bona fide purchaser
for value of a house, building or appurtenances, a public
building erected or owned by any city, town, county, school
district or other municipal corporation, or a wharf or pier
or any building thereon, including the ground adjacent to
and upon which any such objects are constructed, takes title
free of the lien described in this chapter unless, before
the bona fide purchaser takes title to the premises on which
such lien attaches, the person performing or furnishing that
labor, materials or services either has filed the notice required
by section 3253 or has filed a notice in the office of the
register of deeds in the county or registry district in which
these premises are located setting forth a description of
the property sufficiently accurate to identify it; the names
of the owners; that the claimant is going to perform or furnish,
is performing or furnishing or has performed or furnished
labor, materials or services; and that the claimant may claim
a lien therefore. If the claimant is a real estate licensee,
the claimant shall also send notice by certified mail, return
receipt requested, or provide actual written notice as described
in this subsection to the bona fide purchaser before the purchaser
takes title to the premises on which the claimant’s
lien attaches. If notice is not provided, the purchaser takes
title free of this lien. If notice provided by this subsection
is filed, the lien claimant must also comply with the notice
requirements of section 3253 and institute the legal action
required by subsection 1 to the extent that this compliance
is required in order to preserve the claimant’s lien
claim. The notice provided by this subsection is only effective
relative to a bona fide purchaser for value for the period
of 120 days from the date of recording thereof provided that
this notice may again be recorded any number of times, but
further notices are also only effective relative to a bona
fide purchaser for value for the period of 120 days each from
the date of their respective recordings.
(Amended 1993)
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 shall only be available with
respect to sums paid by the owner to the person with whom
the owner has directly contracted where 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 which 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 therefore and which shall 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.
In no case shall the total amount due from the owner to those
performing or furnishing labor, materials or services without
a contract with the owner exceed the balance due from the
owner to the person with whom he 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
he 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 1 to the extent that this compliance is required
in order to preserve his lien claim. This subsection shall
not apply where labor, materials or services are performed
or furnished to the premises for a business, commercial or
industrial purpose unless the owner resides on the premises
affected.
(Amended 1993)
10
§ 3256 Extension of Lien
When the owner dies, is adjudicated a bankrupt or a warrant
in insolvency issues against his estate within the 120 days
and before the commencement of an action, the action may be
commenced within 90 days after such adjudication, or after
notice given of the election or appointment of the assignee
in insolvency, executor or administrator, or the revocation
of the warrant. The lien shall be extended accordingly.
(Amended 1975)
10
§ 3257 Allegations of Complaint; Joinder of Parties
The complaint shall state that the plaintiff claims a lien
on the house, building or appurtenances, or on the wharf,
pier or building thereon, as the case may be, described therein,
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 said house, building or appurtenances,
or in constructing, altering or repairing said wharf, pier
or building thereon, as the case may be; whether it was by
virtue of a contract with or by consent of the owner, and
if not, that the claimant has complied with section 3253.
The complaint shall pray that the property be sold and the
proceeds applied to the discharge of such 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 said property,
provided their complaints therefore, setting forth their claims
in substance as required in a complaint be filed with the
clerk within 120 days after the last labor or services are
performed or the last labor, materials or services are furnished
by them 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 shall so require. Any mortgagee or
other person having a claim upon, or interested legally or
equitably in, said property may be made a party. The court
shall have power to determine all questions of priority of
lien or interest, if any, between parties to the proceeding.
(Amended 1981)
10 § 3258 Determination of Amount; Jury
Trial
The court shall determine the amount for which each lienor
has a lien upon the property by jury trial, if either party
so requests in complaint or answer; otherwise in such manner
as the court shall direct. Such determination shall be conclusive
as to the fact and amount of the lien, subject to appeal as
in other actions. Any lienor may contest another lienor’s
claim upon issues framed under direction of the court.
10 § 3259 Sale of Property; Redemption;
Pro Rata Shares
If it is determined that the parties or any of them, claiming
a lien, have a lien upon said building and land or upon said
wharf, pier, building and land, the court may decree that
said property, or such interest in it as is subject to the
liens or any of them, shall be sold, and shall prescribe the
place, time, terms, manner and conditions of such sale. The
court may order an adjournment of such sale from time to time,
or the manner and conditions of any adjournment of such sale
may be prescribed in the decree. A deed of the officer of
the court, appointed to make such sale, recorded in the registry
of deeds where the land lies, within 3 months after the sale,
shall convey all the title of the debtor and the owner in
the property ordered to be sold. If justice requires, the
court may provide in the order of sale that the owner shall
have a right to redeem the property from such sale within
a time fixed in the order of sale. If the court shall determine
that the whole of the land on which the lien exists is not
necessary therefore, it shall describe in the order of sale
a suitable lot therefore; and only so much shall be sold.
The lienors shall share pro rata, provided their complaints
or motions therefore are filed with the clerk of the court
in which the order of sale is granted prior to the order of
sale and within the time mentioned in sections 3255, 3256
and 3257. The court may make such decree in regard to costs
as is equitable.
(Amended 1981)
10 § 3260 Deficiency; Judgment for Balance
If the proceeds of the sale after payment of costs and expenses
of sale are insufficient to pay the lien claims and costs
in full, the court may render judgment against the debtor
in favor of each individual lienor for the balance of his
claim and costs remaining unpaid, and may issue executions
therefore. If the proceeds of sale, after the payment of costs
and expenses of sale, are more than sufficient to pay the
lien claims and all costs in full, the balance remaining shall
be paid to the person or persons legally or equitably entitled
thereto.
10 § 3261 Certificate to be Filed with
Register of Deeds
When any complaint provided for in chapters 601 to 631 in
which a lien is claimed on real estate is filed with the Superior
Court or District Court clerk, he shall forthwith, upon written
request of the plaintiff’s attorney, file a certificate,
setting forth the names of the parties, the date of the complaint
and of the filing thereof, and a description of the said real
estate as described in said complaint, in the registry of
deeds for the county or district in which the land is situated.
(Amended 1981)
10
§ 3262 Enforcement by Attachment
In addition to the remedy provided, the liens mentioned in
sections 3251 to 3254 may be enforced by attachment in actions
commenced in any court having jurisdiction in the county or
division where the property on which a lien is claimed is
situated, which attachment shall be made within 180 days after
the last of the labor or services are performed, or labor,
materials or services are furnished, and not afterwards, except
as provided in section 3256.
(Amended 1981)
10
§ 3263 Petition for Release
Any owner of a building, wharf, pier or real estate upon which
a lien is claimed may petition in writing the judge or justice
of the court in which the lien action is filed setting forth
the name of the lienor, the court and county or division in
which the action is pending, the fact that a lien is claimed
thereon under sections 3251 to 3254, the particular building,
wharf, pier or real estate, and his interests therein, its
value and his desire to have it released from said lien. The
judge or justice shall issue a written notice which shall
be served on the lienor or his attorney 10 days at least prior
to the time fixed therein for a hearing. At the hearing, the
judge or justice may order such owner to give bond to the
lienor in such amount and with such sureties as he may approve,
conditioned to pay the amount for which such lienor may be
entitled to a lien as determined by the court, with his costs
in the action, within 30 days after final decree or judgment.
The clerk shall give the plaintiff an attested copy of the
complaint and proceedings, with a certificate under seal of
the court attached thereto, that such bond has been duly filed
in his office. The record of such copy and certificate in
the registry of deeds, in the county or district where such
real estate or interest therein lies, vacates the lien.
(Amended 1981)
10
§ 3264 Consolidation of Actions
When 2 or more proceedings are pending at the same time, in
whatever court or courts, to enforce liens on the same house,
building or appurtenances, wharf, pier and building thereon,
upon complaint of any lienor who has commenced such proceedings,
or of the owner of the building, wharf or pier, a Justice
of the Superior Court or Judge of the District Court after
notice and hearing may, if justice requires it, order all
such actions to be transferred to the Superior Court or District
Court and require the parties in all such proceedings, in
whatever court commenced, to plead substantially in the manner
prescribed in section 3257, and thereafter all the proceedings
shall be in accordance with said section and sections 3265,
3451, 3452, 3501 and 3601. While such complaint is pending
all such actions shall stand continued.
(Amended 1981)
10
§ 3265 Sale on Execution; Several Judgments; Redemption
When a judgment is rendered in any action authorized by chapters
601 to 631 against any house, building or appurtenances, wharf,
pier or building thereon, and the land on which it stands,
or any interest that the owner of such house, building or
appurtenances, wharf or pier has in such land, said property
shall be taken and sold on execution in the same manner that
rights of redeeming mortgaged real estate may be taken and
sold. If 2 or more such judgments are rendered at the same
term of the same court, the court shall direct in writing
on which execution the property shall be sold, and in that
event, and in the event that the officer holding any execution
recovered under chapters 601 to 631 shall be notified in writing
by any lienor who has caused said property to be attached
or who has filed his action claiming a lien as provided, that
he claims a portion of the proceeds of the sale, said officer,
unless all owners of such judgments and all lienors so notifying
such officer otherwise direct, shall thereupon sell said property
and after deducting the fees and expenses of sale, shall return
the balance into the court of highest jurisdiction in which
any such lien action is pending or in which such a lien judgment
has been rendered, and such court shall distribute such fund
pro rata among the lienors who shall satisfactorily prove
their right to share in the same. The court issuing execution
on which the sale is made may fix the time within which the
owner shall have the right to redeem the property from such
sale. The court distributing the fund may make such decree
in regard to costs as is equitable. Any balance not required
to pay such lien claims and costs shall be paid to the person
or persons legally or equitably entitled thereto.
10
§ 3266 Action or Lien
Any action or lien provided for or regulated under this chapter
may be taken by an individual, or individuals, or may be taken
on the behalf of individuals by a labor organization having
the duty to represent such individual under federal law or
by collective bargaining agreement.
(Amended 1973)
10
§ 3267 Liens for Labor
Liens for labor described in this chapter shall include compensation
for labor in the form of wages and all fringe benefits either
payable to or on behalf of the laborer, including health plans,
health and accident plans, retirement and retirement plans,
vacation plans or funds, insurance of all kinds and all other
fringe benefits.
(Enacted 1973)
10
§ 3268 Action Brought by Labor Organization
No action brought by a labor organization under this chapter
shall be settled, dismissed or disposed of without the approval
of the court.
(Enacted 1973)
10
§ 3269 Limitations
Sections 3266, 3267 and 3268 shall not apply to:
1. Buildings. Any building designed for occupancy by not more
than 4 families and its appurtenances;
2. Claims. Any claim or a portion of a claim which does not
meet the time requirements of sections 3253 and 3256.
(Enacted 1973) |
