September 09, 2010
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Penalties for using an illegal construction contract in Maine:
  • Omission of any of the 14 notices and disclosures required by § 1487 of the Home Construction Contracts Act makes the contractor liable for a civil penalty of at least $100 and not more than $1,000. § 1490(2). Omission of any required notice or disclosure is also an unfair trade practice, making the contractor liable for damages plus attorney fees and costs.
  • Failure to make the disclosure required by § 14506 of the Home Repair Transient Sales Act makes the contractor liable for a fine of up to $2,000, imprisonment for up to one year and is also an unfair trade practice, giving the owner the right to sue for any loss that occurs and collect attorney fees.
  • A fine of up to $1,000 and imprisonment for up to 6 months can be imposed for failure to give the notice required by § 4662 of the Consumer Solicitation Sales Act.
  • A subcontract which does not disclose payment dates under the prime contract the makes the prime contractor liable for payment to a subcontractor even if the prime contractor is not paid. Maine Revised Statutes Annotated Title 10 § 1114(2).
  • Under § 1483 of the Insulation Contractor Act, failure to provide 14 disclosures makes the contractor eligible for a fine of not less than $200 for the first offense and not less than $500 for each subsequent offense. In addition, violation of the Act is an unfair trade practice, giving the owner the right to recover any loss and collect attorney fees.
  • Section 14704(2) of the Transient Sales Act makes failure to disclose the transient seller's license number and permanent place of business is punishable by (1) a fine of up to $2,000 and (2) imprisonment for up to one year and (3) is also an unfair trade practice, giving the owner the right to sue for any loss and collect attorney fees.
  • Maine's Prompt Pay Act makes unenforceable any payment term which does not comply with Revised Statutes Annotated Title 10 § 1111 to § 1120.
  • Omission of federal truth in lending disclosures required by 15 United States Code § 1638 makes the creditor liable for both the overcharge and the debtor's attorney fees.
  • Omission of disclosures required by 12 Code of Federal Regulations § 226.15 extends the right of rescission to three years (rather than three days).
  • Omission of insulation disclosures required by 16 Code of Federal Regulation § 460 can result in an $11,000 fine.
The contracts linked below will help Maine contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current Maine and federal court decisions.

Maine Construction Contracts Available Now
Title Bias Contract Type Page Length
ME Commercial Construction I Light bias in favor of the contractor. Prime 31
ME Commercial Construction II Light bias in favor of the owner. Prime 12
ME Commercial Repair Neutral. Prime 24
ME Commercial Subcontract I Light bias in favor of the subcontractor. Subcontract 27
ME Commercial Subcontract II Light bias in favor of the contractor. Subcontract 13
ME Custom Home I Light bias in favor of the contractor. Prime 24
ME Custom Home II Light bias in favor of the owner. Prime 29
ME Home Improvement I Moderate bias in favor of the contractor. Prime 30
ME Home Improvement II Moderately favors the owner. Prime 35
ME Home Repair I Heavy bias in favor of the contractor. Prime 20
ME Home Repair II Heavy bias in favor of the owner. Prime 15
ME Pool Neutral. Prime 24
ME Public Works Subcontract Moderate bias in favor of the contractor. Subcontract 31
ME Residential Subcontract I Light bias in favor of the subcontractor. Subcontract 11
ME Residential Subcontract II Light bias in favor of the contractor. Subcontract 18
ME Tenant Improvement Neutral. Prime 12
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