Whether you’re a general contractor (GC), subcontractor, or property owner, understanding Maine lien waivers is crucial. These essential documents function as receipts acknowledging payment up to a specific amount, thereby waiving the party’s right to file a lien against the property for that amount. While the concept is straightforward, the practical application of lien waivers can be complex.
Several types of lien waivers exist, each requiring submission at specific times during a project. (For a deeper dive into lien waiver basics, refer to The Ultimate Guide to Construction Lien Waivers for Subcontractors.) Moreover, lien waiver requirements vary by state, with each jurisdiction setting its own rules regarding valid forms, contents, and enforcement.
It’s vital to familiarize yourself with state-specific lien waiver requirements to ensure compliance, prevent payment disputes, and ultimately protect your rights (and your bottom line).
So grab your hard hat, and let’s dive into the world of Maine lien waivers!
(For more general information on lien waivers, check out this on-demand webinar: End the Whack-a-Mole: Lien Waiver Best Practice for Subs.)
In Maine, lien waivers are largely unregulated, with a few key points to note:
- Maine law doesn’t include any statutory provisions that prohibit waiving lien rights in the contract or prior to payment.
- While there is no specific statutory prohibition on advance lien waivers in Maine, they are often looked upon with disfavor.
This flexibility in Maine’s lien waiver landscape means parties have significant leeway when drafting lien waiver terms in corresponding construction contracts. With this in mind, it’s vital to carefully review every clause in your contract pertaining to lien waivers. This includes what makes a lien waiver valid in Maine and the different types of waivers accepted in the state. (For the record, both conditional and unconditional lien waivers are accepted in Maine.) If you come across any language that attempts to waive your lien rights, negotiate for its removal to safeguard your rights to receive fair compensation for your work.
Maine doesn’t mandate a specific or statutory lien waiver form.
Both conditional and unconditional lien waivers are accepted in the state of Maine.
Both conditional and unconditional lien waivers are accepted in the state of Maine.
To be considered valid in Maine, a lien waiver must:
- be in writing
- be signed by the waiving party
- clearly state the amount being waived and the property to which it applies
Maine law doesn’t include any specific statutory provisions that prohibit waiving lien rights in the contract.
Maine has no specific statutory provision that prohibits waiving lien rights prior to payment.
Completing Lien Waivers in Siteline
- Create, monitor, and track all your lien waivers in one place.
- Automatically fill out and send the right waiver at the right time.
- Request lower-tier lien waivers from all your sub-tier contractors, vendors, and suppliers—individually or in bulk.
- Securely collect e-signatures, with automatic reminders for any unsigned waivers.
- Package and submit signed waivers to your GCs directly within Siteline.
There is no specific or statutory form that must be used for Maine lien waivers. It’s up to you to add in any project-specific lien waiver requirements to ensure compliance.
There are no specific statutory requirements governing the validity of a lien waiver in Maine. Therefore, it’s important to make sure the lien waiver is valid:
- It should clearly state the amount being waived and the property to which it applies, and
- It must be signed by the party waiving their lien rights.
Maine law doesn’t outline when lien waivers should be exchanged. Detail project-specific timing within the contract while abiding by general construction best practices. In this state, lien waivers can be exchanged with payment applications (conditional lien waivers) or upon receipt of payment (unconditional lien waivers).
To decide which lien waiver subset is best for your construction project, review this comprehensive guide.
Maine statutes note that liens can be “preserved and enforced by action against the debtor and owner of the property affected.” This makes it even more crucial to have an iron-clad contract that spells out the terms of the lien waiver. Maine courts will likely review the contract carefully before awarding a judgment.
If the dispute cannot be handled directly between parties, we recommend consulting with a construction law attorney familiar with Maine lien laws.
Maine doesn’t govern its lien waivers with specific or statutory forms; however, there are several resources to familiarize yourself with when handling lien waivers in the state:
- Maine Statute Title 10, Chapter 603: BUILDINGS, LOTS, WHARVES AND PIERS; LABOR AND MATERIALS (covers mechanic’s liens)
- State of Maine Office of Professional and Occupational Regulation
- Maine State Bar Association (login to access Government & Public Sector Law section)
- GCPay Lien Waiver Requirements for Every U.S. State
- Levelset Maine Lien Waivers Guide
Automate the process with Siteline. Contractors use our lien waiver tool to digitize all of their lien waiver forms (primary and vendor), send waiver requests to lower-tier contractors and vendors, collect e-signatures, and submit completed waivers to their clients—without ever leaving the system. Siteline even provides centralized tracking to help contractors monitor vendor waiver statuses to see who’s received the form, who’s opened it, and who has (or hasn’t) signed. This means contractors can collect waivers faster while eliminating payment delays caused by compliance holds.
Disclaimer: The information provided on this page is for general informational purposes only and does not constitute legal advice. We recommend you consult a qualified attorney for advice specific to your situation.