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Lien waivers by state · Maine

Maine lien waiver requirements

Maine is a non-statutory state

Maine does not regulate lien waivers by statute and prescribes no mandatory waiver form or language — waivers are treated like ordinary contracts and parties may word them freely, though a valid waiver should be in writing, signed by the waiving party, and clearly state the amount being waived and the property it applies to. Both conditional and unconditional waivers are accepted, and there are no statutory restrictions on when they may be exchanged.

Statute: 10 M.R.S. §§ 3251 et seq. (Title 10, Chapter 603)

Maine lien waiver forms

The four standard waiver-and-release types and Maine’s rules for each.
Waiver typeStatutory form?Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization
Maine does not require lien waivers to be notarized, and waivers gain no statutory benefit from notarization; a party may notarize only if a contract or counterparty requests it.
Mandatory statutory language
No mandatory statutory language. Maine has no statutory waiver form; parties may use almost any language. A valid waiver should be written, signed by the waiving party, and clearly identify the amount waived and the property involved.
Electronic signatures accepted

Key Maine deadlines

Preliminary / pre-lien notice
Not required. Maine does not require a preliminary notice from contractors or subcontractors on private projects.
Notice of intent to lien
Not required. Maine does not require a notice of intent to lien, though filing one with the Registry of Deeds can be strategically used to preserve rights against later purchasers.
Mechanics lien filing deadline
Subcontractors/suppliers (no direct contract with owner): record the lien certificate with the Registry of Deeds within 90 days of last furnishing labor or materials. All claimants: commence a court action to enforce the lien within 120 days of last furnishing labor or materials (GCs with a direct owner contract preserve the lien by filing this action; no separate registry recording required).

Maine lien waiver FAQ

Does Maine require a specific lien waiver form?

No. Maine does not require or provide any specific or statutory lien waiver form. Parties may use almost any wording; a waiver should simply be in writing, signed by the waiving party, and clearly state the amount waived and the property involved.

Do lien waivers need to be notarized in Maine?

No. Maine does not require lien waivers to be notarized, and they gain no statutory benefit from notarization. Notarization is optional unless a contract or the paying party requests it.

Can lien waivers be signed electronically in Maine?

Yes. Maine lien waivers are treated as ordinary contracts, and Maine has adopted the Uniform Electronic Transactions Act (10 M.R.S. ch. 1051), which gives electronic signatures and records the same legal effect as handwritten ones.

What is the deadline to file a mechanics lien in Maine?

A subcontractor or supplier must record the lien with the Registry of Deeds within 90 days of last furnishing labor or materials, and any claimant must commence a court action to enforce the lien within 120 days of last furnishing labor or materials. A general contractor with a direct owner contract preserves its lien by filing that enforcement action within 120 days.

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