Mechanic's liens are governed under Title 10, Chapter 603 of the Maine Code. A waiver is a forfeiture or "giving up" of a legal right. In this case, the person granting the waiver is giving up the right to seek a mechanic's lien for all or part of the amount due. This assurance is usually enough to get the other party to pay. The Maine Code does not set out statutory forms for waivers, but according to the principles of contract law, the parties may agree to such modifications in writing.
In general, there are four types of waivers: conditional or unconditional, and referring to a partial or final payment. Conditional waivers become effective when the payment is confirmed (paid) by the bank, and offer more protection for the contractor. Unconditional waivers go into effect immediately, regardless of whether or not the payment is confirmed, and offer more protection for the property owner. Partial, or progress payments relate to specific time frames or completed steps in the project. Final payment waivers apply when the responsible party pays the entire balance due.
Use the final unconditional waiver when a full and final payment is made and collectability of the due amount is not an issue. Only grant an unconditional waiver when payment is made through a verified method. The waiver is effective up to the full amount due and the claimant waives any lien rights without condition.
Lien waivers identify the parties, the location of the project, relevant dates, and amounts paid. Record the signed, notarized waiver in the local recording office, and deliver a certified copy of the recorded document to the property owner.
This article is provided for informational purposes only and should not be relied upon as a substitute for the advice from an attorney. Please contact a Maine attorney with any questions about waiving lien rights or anything else with regard to mechanic's liens.
Deeds.com Maine Unconditional Lien Waiver on Final Payment Forms Have Been Updated as Recently as Friday August 30, 2019
What others like you are saying:
Freddy S. said: great job
Reply from Staff: Thank you!
Roy K. said: Just what we were looking for. Very easy to fill out. Thanks
Reply from Staff: Thank you Roy. We appreciate your feedback.
Tracey B. said: Has no problems at all, everything was perfect. TB
Reply from Staff: Thanks Tracey, we appreciate your feedback.
Jim J. said: The forms were easy to use and the fields are tabbed so that you can enter your information and then move quickly to the next entry. The Guide for the documents was very helpful.
Reply from Staff: Thanks Jim, we appreciate your feedback.
Rachel F. said: Easy and can add our own additional language in spaces provided. Thank you!
Reply from Staff: Thank you Rachel!
Suzy I. said: I was overwhelmed with information about what forms I needed to complete the probate process, and this site was very helpful! Everything was in one place to download. Thanks!
Reply from Staff: We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Select County where the property is located.