Construction
Maine (ME)
Subcontractor Agreement

Maine Subcontractor Agreement Template | Statutory Compliant

Generate a construction subcontract tailored to Maine law — with statutory prompt payment deadlines, retainage caps, lien waiver rules, and anti-indemnification protections built in.

Maine Revised Statutes Title 10, Chapter 225
Prompt payment & retainage compliant
Print-ready PDF
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Contract Parties

Subcontractor

Project & Schedule

Payment Terms

Total subcontract price for your scope of work.

Maine rules: Maine does not cap retainage by statute on private construction; retainage is a matter of contract negotiation.

Days after GC receives owner payment.

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Maine (ME)
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Subcontractor Agreement

Construction Subcontract — State of Maine

This Subcontractor Agreement (the “Agreement”) is made and entered into as of October 5, 2026 by and between [General Contractor Name] (“General Contractor”) and [Subcontractor Name] (“Subcontractor”), governed by Maine Revised Statutes Title 10, Chapter 225 and the laws of the State of Maine.

General Contractor

[General Contractor Name]

Subcontractor

[Subcontractor Name]

Project Owner

—

Project Address

—

Contract Price

[Contract Price]

License #

—

1. Scope of Work

Subcontractor shall furnish all labor, tools, equipment, and materials necessary to complete the agreed scope of work in a good and workmanlike manner, in compliance with all applicable building codes.

2. Payment

GC shall pay Subcontractor within 10 days after receiving payment from the Project Owner. Under 10 M.R.S. § 1111-B, the general contractor must pay subcontractors within 15 days after receiving payment from the owner, and interest at 1% per month accrues on late amounts after 30 days.

3. Retainage

GC may withhold 10% retainage from each progress payment. Maine does not cap retainage by statute on private construction; retainage is a matter of contract negotiation.

4. Lien Waivers

Maine does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Conditional waivers are best practice until payment checks clear to preserve lien rights under 10 M.R.S. Title 10, Chapter 225.

5. Mechanics Lien Rights Preserved

Maine requires filing a lien within 90 days after the last work or materials were furnished, followed by foreclosure within one year of filing. Maine does not require a statutory preliminary notice for private projects; best practice is a voluntary Notice of Intent to Lien sent promptly after first furnishing labor or materials.

6. Indemnification

Maine does not have a specific anti-indemnification statute for construction contracts; broad-form indemnity is generally enforceable if clearly worded. Subcontractors should negotiate express limits.

7. Governing Law

This Agreement is governed by the laws of the State of Maine, including Maine Revised Statutes Title 10, Chapter 225 (Maine Lien Law); Prompt Pay provisions at 10 M.R.S. § 1111 et seq..

[General Contractor Name] — General Contractor

Print Name / Title

[Subcontractor Name] — Subcontractor

Print Name / Title

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Maine Payment & Retainage Rules

Under 10 M.R.S. § 1111-B, the general contractor must pay subcontractors within 15 days after receiving payment from the owner, and interest at 1% per month accrues on late amounts after 30 days.

Retainage Cap

Maine does not cap retainage by statute on private construction; retainage is a matter of contract negotiation.

Pay-When-Paid

Your agreement states that owner payment is a timing mechanism, not an absolute condition precedent — preserving your right to payment and statutory remedies under Maine Revised Statutes Title 10, Chapter 225.

Lien Waivers

Maine does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Conditional waivers are best practice until payment checks clear to preserve lien rights under 10 M.R.S. Title 10, Chapter 225.

Your Mechanics Lien Rights in Maine

This agreement expressly preserves your right to record a mechanics lien and serve statutory preliminary notices — no pay-if-paid, pay-when-paid, or lien waiver clause in the document can waive your lien rights beyond payment actually received.

Maine requires filing a lien within 90 days after the last work or materials were furnished, followed by foreclosure within one year of filing.

Maine does not require a statutory preliminary notice for private projects; best practice is a voluntary Notice of Intent to Lien sent promptly after first furnishing labor or materials.

Deadlines matter: missing a Maine lien or notice deadline can permanently waive your security interest in the project. Calendar both dates the day you mobilize on site.

Indemnification Limits Under Maine Law

Maine does not have a specific anti-indemnification statute for construction contracts; broad-form indemnity is generally enforceable if clearly worded. Subcontractors should negotiate express limits.

Maine Subcontractor Agreement FAQs

When must a general contractor pay me under Maine prompt payment law?

Under 10 M.R.S. § 1111-B, the general contractor must pay subcontractors within 15 days after receiving payment from the owner, and interest at 1% per month accrues on late amounts after 30 days. Your subcontract should mirror these statutory deadlines so that late payments automatically trigger the statutory interest and remedies without negotiation.

How much retainage can a GC legally withhold in Maine?

Maine does not cap retainage by statute on private construction; retainage is a matter of contract negotiation. Your agreement should specify the exact retainage percentage, the release schedule (typically at substantial completion and final completion), and payment of statutory interest on withheld retainage.

Are pay-if-paid clauses enforceable in Maine subcontracts?

While Maine has not enacted a blanket statutory ban on pay-if-paid clauses, courts and statutes in most states treat "pay-when-paid" as a reasonable timing provision rather than an absolute condition. Check Maine Revised Statutes Title 10, Chapter 225 (Maine Lien Law); Prompt Pay provisions at 10 M.R.S. § 1111 et seq. for specific restrictions, and make sure your subcontract states that payment from the owner is not an absolute condition precedent to your right to be paid.

What lien waiver rules apply in Maine?

Maine does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Conditional waivers are best practice until payment checks clear to preserve lien rights under 10 M.R.S. Title 10, Chapter 225. Never sign an unconditional waiver until payment has actually cleared your bank account, and make sure your waiver identifies the specific billing period and amounts to avoid losing lien rights on future work.

Can a Maine subcontract require me to indemnify the GC for the GC’s own negligence?

Maine does not have a specific anti-indemnification statute for construction contracts; broad-form indemnity is generally enforceable if clearly worded. Subcontractors should negotiate express limits. Always read the indemnification clause carefully — even in states with anti-indemnity statutes, "broad form" indemnity for joint negligence is typically still enforceable.

How do I preserve my mechanics lien rights in Maine?

Maine requires filing a lien within 90 days after the last work or materials were furnished, followed by foreclosure within one year of filing. Maine does not require a statutory preliminary notice for private projects; best practice is a voluntary Notice of Intent to Lien sent promptly after first furnishing labor or materials. Send statutory notices by certified mail or another trackable method, keep copies of everything, and calendar the deadlines immediately upon each project’s completion.

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