Legal Question in Business Law in Maine

Re: non paying client

You appear to have valid claims against the client at least for breach of contract, �quantum meruit� and unjust enrichment.

You could seek to enforce a mechanic lien on the real estate to secure payment with costs. To preserve your claim in most cases, within 90 days after the work stopped, you have to record a sworn statement and description and mail a copy of the same to the owners. However, the requirements are strict according to statute and you should consult and atty before doing so.

Your claims for �quantum meruit� and unjust enrichment do not require any contract. The claims provide for the client�s paying you the benefit and value of the services and materials provided.

The fact that the client didn�t sign the contract will present an obstacle as to the scope and others terms if they are disputed. Did the client ever receive or acknowledge the written contract? The contract should be reviewed for relevant terms regarding breach, e.g., any special relief or prerequisite notice or demand by you.

You may also have a claim against the client pursuant to Maine�s construction contracts statute, for wrongful withholding of payment. Your relief could include the balance due, together with 1%/mo interest and attorneys� fees.

However, if the work related to home remodeling, repair or other construction regarding the client�s residence, depending on the terms of the contract, the client may have a counterclaim against you under Maine�s Home Construction Contract and Unfair Trade Practices statutes, for any damages the homeowner suffered together with attorneys� fees. I could not tell from your description, however, if this was residential.