Maine Payment Bond Claim — The 90-Day Remote-Claimant Notice, the $125,000 Bond Threshold and the One-Year Suit Clock (14 M.R.S. § 871, 2026)
✓ Verified against Maine statutes · Reviewed November 2026 · By Michael Evan — Founder · 50 states · 799 rules
Maine mechanics lien deadlines at a glance
Preliminary Notice
None — N/A
Mechanics Lien
90 days — From last date of furnishing
Enforcement
120 days — From filing
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Why a Maine Public Job Runs on a Bond
On private work in Maine, an unpaid sub or supplier preserves its lien by filing a court action within 120 days of its last work, as covered in the Maine mechanics lien notice guide . A Portland school addition, a University of Maine lab in Orono, a Bangor wastewater upgrade or a MaineDOT bridge is different. Public property cannot be sold to pay a contractor’s bills, so the mechanics lien does not reach it. The protection is the payment bond the public owner takes from the prime before the contract is awarded. Maine’s Little Miller Act is the Public Works Contractors’ Surety Bond Law of 1971 , codified at 14 M.R.S. § 871 . Subsection 3 requires the bonds, subsection 4 sets the notice rule and the suit deadline, and subsection 6 fixes venue. The structure closely tracks the federal Miller Act. Remote claimants give a 90-day notice to the prime, everyone waits 90 days before suing, and the suit clock runs from the claimant’s own last labor or material, not from the owner’s acceptance of the project. The Mechanics Lien Management Method treats every Maine public job as one calendar anchored to your last day on the job. The 90-day notice, the 90-day waiting period and the one-year suit bar all count from that date, so recording it accurately matters more than anything else in the file.
The Bond: Over $125,000, Full Contract Amount
Under § 871(3), before any contract exceeding $125,000 for the construction, alteration or repair of a public building, public improvement or public work, highways included , is awarded by the State, a political subdivision, a quasi-municipal corporation or a public authority, the contractor must furnish a performance bond and a payment bond. The last two points mean a public job over $125,000 can still lack a conventional surety bond. Ask the contracting body what security was furnished before you extend credit, not after the prime stops paying.
The 90-Day Notice: Remote Claimants Only, to the Contractor Only
Section 871(4) splits claimants into two groups. A sub or supplier with a contract directly with the bonded contractor owes no notice. A claimant with a direct contract with a subcontractor , and no contractual relationship, express or implied, with the contractor that furnished the bond, has no right of action on the bond unless it gives the contractor written notice within 90 days of its last labor or material. The typical remote claimant is a supplier selling to a sub, such as a lumber yard supplying a framing sub on a Lewiston school, or an equipment rental house leasing a lift to a mechanical sub. Maine’s construction season makes the date easy to miss. If your last delivery was in November and the sub does not return until April, your 90 days most likely ran from November. Calendar from your own delivery tickets.
The 90-Day Wait, the One-Year Bar and the Quantity-Estimate Exception
Under § 871(4), any person who furnished labor or material to the contractor or a subcontractor and has not been paid in full before 90 days have passed after its last labor or material may sue on the payment bond in its own name for the unpaid balance. That waiting period applies to first-tier and remote claimants alike. The action may not be commenced more than one year after the last labor was performed or material supplied. Maine adds an exception that most states lack. When a material supplier’s claim cannot be calculated because final quantity estimates are not available , the supplier may sue within one year from the date the final quantity estimates are determined. Its notice of claim to the contractor must then be filed within 90 days after the contracting authority determines those estimates. Unit-price highway and site work is where this comes up. Under § 871(6), the action must be brought in the county where the public work is located. A York County supplier on an Aroostook County job sues in Aroostook. If the dates are unclear or the anniversary is close, take the file to a Maine construction attorney rather than guess.
Getting a Certified Copy of the Bond
You need the surety’s name and the bond number to sue. Section 871 requires the contracting body, and the agent in charge of its office, to furnish a certified copy of the bond and the contract to anyone who applies in writing and states that it supplied labor or materials and has not been paid, that it is being sued on the bond, or that it is the surety. The certified copy is prima facie evidence of the contents, execution and delivery of the original, which saves a step in court. The applicant pays a reasonable fee that the contracting body sets to cover its actual cost of preparation. Make the request as soon as payment slips; it costs little and tells you whether a bond or a letter of credit stands behind the job.
Every Maine Public-Project Deadline in One Table
The Mechanics Lien Management State System calendars the 90-day remote notice, the 90-day waiting period and the one-year suit bar from the last-furnishing date you enter. Private-work rules are on the Maine lien statutes page, and the calculator is on the Maine mechanics lien hub . Work at the Portsmouth Naval Shipyard in Kittery, the Togus VA Medical Center and other federal facilities runs under the federal Miller Act. The mechanics lien vs. bond claim page compares the systems. Maine’s rule and the federal rule line up closely: both use a 90-day remote-claimant notice and a one-year suit clock from the claimant’s last furnishing.
Request the Bond, Send the Notice, Sue on Time
Maine Public Works Workflow Confirm the contract is over $125,000 and request a certified copy of the bond. If your customer is a subcontractor, send the 90-day notice to the prime by registered or certified mail. Sue after 90 days unpaid and within one year of your last labor or material, in the county where the work is located. Pair it with these resources: Because the claim may end in a suit against the surety, connect early with a Maine construction attorney through the Mechanics Lien Management network, or request a formal attorney review of the claim file.
Every Maine Clock Starts on Your Last Day
The Mechanics Lien Management deadline calculator tracks the 90-day notice, the 90-day wait and the one-year suit bar on every Maine public job. Miss the deadline and you lose your claim rights entirely.
Frequently Asked Questions
What is the deadline for a Maine payment bond claim notice?
Ninety days from the date the claimant performed the last of its labor or furnished the last of its material. Under 14 M.R.S. § 871(4), a claimant with a direct contract with a subcontractor, but no express or implied contract with the contractor that furnished the payment bond, has no right of action on the bond unless it gives that contractor written notice within the window, stating with substantial accuracy the amount claimed and the name of the party it supplied or worked for.
Does a first-tier subcontractor have to send a Maine bond notice?
No. The § 871(4) notice applies only to remote claimants, meaning those in contract with a subcontractor and not with the bonded contractor. A subcontractor or supplier hired directly by the prime owes no statutory notice. It still has to wait until 90 days pass unpaid after its last labor or material before suing, and it must sue within one year of that last day.
How is the Maine bond notice delivered?
By registered or certified mail, postage prepaid, in an envelope addressed to the contractor at any place it maintains an office or conducts business, or at its residence (14 M.R.S. § 871(4)). The statute names only the contractor. It does not require notice to the surety or the public owner, although copying both costs little and helps if the prime stops responding.
When is the deadline to sue on a Maine public works payment bond?
No later than one year from the date the claimant performed its last labor or supplied its last material. There is one exception. A material supplier whose claim cannot be calculated because final quantity estimates are not yet available may sue within one year from the date those estimates are determined, and its notice to the contractor is due within 90 days after the contracting authority determines them. Suit is brought in the Maine county where the public work is located (§ 871(6)).
Which Maine public contracts require a payment bond?
Any contract over $125,000 for the construction, alteration or repair of a public building, public improvement or public work, highways included, awarded by the State, a political subdivision, a quasi-municipal corporation or a public authority (14 M.R.S. § 871(3)). The payment bond covers the full contract amount and protects claimants supplying labor or materials, including equipment rental, to the contractor or a subcontractor. The contracting authority may accept an irrevocable letter of credit for the full contract amount instead.
How do I get a copy of the bond on a Maine public project?
Apply in writing to the contracting body. Under 14 M.R.S. § 871, the contracting body and the agent in charge of its office must furnish a certified copy of the bond and the contract to anyone who states that it supplied labor or materials and has not been paid, that it is being sued on the bond, or that it is the surety. The certified copy is prima facie evidence of the original, and the applicant pays a fee set to cover the cost of preparing it.
Can I file a mechanics lien on a Maine school or town project instead?
No. The Title 10 mechanics lien is a private-property remedy, and it does not attach to public property. On a state, county, town, school or MaineDOT project, the security is the contractor's bond under 14 M.R.S. § 871. Federal work, such as at the Portsmouth Naval Shipyard in Kittery, runs under the federal Miller Act instead.