Maine Revised Statutes Title 10: commerce and trade table of Contents Part general provisions 8
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| §1111. DEFINITIONS
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1993, c. 461, §1 (NEW).] 1. Billing period. "Billing period" means the time period for payment agreed to by 2 parties or, in the absence of an agreement, the calendar month within which work is performed. [ 1993, c. 461, §1 (NEW) .] 2. Construction contract. "Construction contract" means any agreement, whether written or oral, to perform or to supply materials for work on any real property. [ 1993, c. 461, §1 (NEW) .] 3. Contractor. "Contractor" means a person or entity that contracts with an owner to perform work on real property. [ 1993, c. 461, §1 (NEW) .] 4. Delivery. "Delivery" means receipt by addressee, including, but not limited to, by first class, registered or certified mail, or by hand delivery or transmitted by facsimile machine. Properly addressed mail is deemed delivered 3 days from the day it was sent. [ 1993, c. 461, §1 (NEW) .] 5. Material supplier. "Material supplier" means any person or entity that has furnished or contracted to furnish materials or supplies in connection with a construction contract. [ 1993, c. 461, §1 (NEW) .] 6. Owner. "Owner" means a person or entity having an interest in real property on which work is performed or to which materials for performing work are delivered, if the person or entity has agreed to or requested that work. "Owner" includes successors in interest of the owner and agents of the owner acting within their authority. "Owner" also includes the State and instrumentalities and subdivisions of the State including municipalities, school districts and school administrative districts having an interest in that real property. [ 1993, c. 461, §1 (NEW) .] 7. Real property. "Real property" means real estate, including lands, leaseholds, tenements and hereditaments and improvements placed on real estate. [ 1993, c. 461, §1 (NEW) .] 8. Subcontractor. "Subcontractor" means any person or entity that has contracted to perform work for or provide services to a contractor or another subcontractor in connection with a construction contract. [ 1993, c. 461, §1 (NEW) .] 9. Work. "Work" means to build, alter, repair or demolish any improvement on, connected with or beneath the surface of any real property, or to excavate, clear, grade, fill or landscape any real property, to construct driveways, private roadways, highways and bridges, drilled wells, septic systems, sewage systems or utilities, to furnish materials for any of those purposes or to perform labor upon real property. "Work" also includes any design or other professional or skilled services rendered by architects, engineers, land surveyors, landscape architects and construction engineers. [ 1993, c. 461, §1 (NEW) .] SECTION HISTORY 1993, c. 461, §1 (NEW). §1112. APPLICATION This chapter does not apply to contracts entered into by the Department of Transportation. [1993, c. 461, §1 (NEW).] SECTION HISTORY 1993, c. 461, §1 (NEW). §1113. OWNER'S PAYMENT OBLIGATIONS Payment to a contractor for work is subject to the following terms. [1993, c. 461, §1 (NEW).] 1. Contractual agreements. The owner shall pay the contractor strictly in accordance with the terms of the construction contract. [ 1993, c. 461, §1 (NEW) .] 2. Invoices. If the construction contract does not contain a provision governing the terms of payment, the contractor may invoice the owner for progress payments at the end of the billing period. The contractor may submit a final invoice for payment in full upon completion of the agreed upon work. [ 1993, c. 461, §1 (NEW) .] 3. Invoice payment terms. Except as otherwise agreed, payment of interim and final invoices is due from the owner 20 days after the end of the billing period or 20 days after delivery of the invoice, whichever is later. [ 1993, c. 461, §1 (NEW) .] 4. Delayed payments. Except as otherwise agreed, if any progress or final payment to a contractor is delayed beyond the due date established in subsection 3, the owner shall pay the contractor interest on any unpaid balance due beginning on the 21st day, at an interest rate equal to that specified in Title 14, section 1602-C. [ 2003, c. 460, §1 (AMD) .] SECTION HISTORY 1993, c. 461, §1 (NEW). 2003, c. 460, §1 (AMD). §1114. CONTRACTOR'S AND SUBCONTRACTOR'S PAYMENT OBLIGATIONS Payment to a subcontractor for work is subject to the following conditions. [1993, c. 461, §1 (NEW).] 1. Contractual agreements. The contractor or subcontractor shall pay a subcontractor or material supplier strictly in accordance with the terms of the subcontractor's or material supplier's contract. [ 1993, c. 461, §1 (NEW) .] 2. Disclosure. Notwithstanding any contrary agreement, a contractor or subcontractor shall disclose to a subcontractor or material supplier the due date for receipt of payments from the owner before a contract between those parties is entered. Notwithstanding any other provision of this chapter, if a contractor or subcontractor fails to accurately disclose the due date to a subcontractor or material supplier, the contractor or subcontractor is obligated to pay the subcontractor or material supplier as though the 20-day due dates in section 1113, subsection 3 were met. [ 2001, c. 471, Pt. A, §13 (AMD) .] 3. Invoices. Notwithstanding any contrary agreement, when a subcontractor or material supplier has performed in accordance with the provisions of a contract, a contractor shall pay to the subcontractor or material supplier, and each subcontractor shall in turn pay to its subcontractors or material suppliers, the full or proportional amount received for each subcontractor's work and materials based on work completed or service provided under the subcontract, 7 days after receipt of each progress or final payment or 7 days after receipt of the subcontractor's or material supplier's invoice, whichever is later. [ 1993, c. 461, §1 (NEW) .] 4. Delayed payments. Notwithstanding any contrary agreement, if any progress or final payment to a subcontractor or material supplier is delayed beyond the due date established in subsection 2 or 3, the contractor or subcontractor shall pay its subcontractor or material supplier interest on any unpaid balance due beginning on the next day, at an interest rate equal to that specified in Title 14, section 1602-C. [ 2003, c. 460, §2 (AMD) .] SECTION HISTORY 1993, c. 461, §1 (NEW). 2001, c. 471, §A13 (AMD). 2003, c. 460, §2 (AMD). §1115. ERRORS IN DOCUMENTATION 1. Invoice errors. If an invoice is filled out incorrectly or incompletely or if there is any defect or impropriety in an invoice submitted, the owner, contractor or subcontractor must contact the person submitting the invoice in writing within 10 working days of receiving the invoice. If the contractor or subcontractor does not notify the person submitting the invoice within 10 days, the documentary errors are deemed waived. [ 1993, c. 461, §1 (NEW) .] 2. Timely payment requirements. All timely payment requirements of this chapter apply, regardless of the dates invoices are corrected, whenever the person submitting the invoice has completed the work in a timely manner. [ 1993, c. 461, §1 (NEW) .] 3. New billing period. If an error on the invoice is corrected by the person submitting the invoice, the date on which the corrected invoice is delivered is the end of the billing period. [ 1993, c. 461, §1 (NEW) .] SECTION HISTORY 1993, c. 461, §1 (NEW). §1116. RETAINAGE 1. Payment. If payments under a construction contract are subject to retainage, any amounts retained during the performance of the contract and due to be released to the contractor upon completion must be paid within 30 days after final acceptance of the work. [ 1993, c. 461, §1 (NEW) .] 2. Retainage for subcontractors. If an owner is not withholding retainage for a subcontractor's work, a contractor may withhold retainage from its subcontractor or material supplier in accordance with their agreement. The retainage must be paid within 30 days of final acceptance of the work. [ 1993, c. 461, §1 (NEW) .] 3. Payment of retainage to subcontractors. Notwithstanding any contrary agreement, a contractor shall pay to its subcontractors or material suppliers and each subcontractor shall in turn pay to its subcontractors or material suppliers, within 7 days after receipt of the retainage, the full amount due to each subcontractor or material supplier. [ 1993, c. 461, §1 (NEW) .] 4. Withholding retainage. If a contractor or subcontractor unreasonably withholds acceptance of the work or materials or fails to pay retainage as required by this section, the owner, contractor or subcontractor is subject to the interest, penalty and attorney's fees provisions of this chapter. [ 1993, c. 461, §1 (NEW) .] SECTION HISTORY 1993, c. 461, §1 (NEW). §1117. PREPAYMENT OR ADVANCE PAYMENT This chapter in no way may be construed to prohibit an owner, contractor or subcontractor from making advance payments, progress payments or from prepaying if agreements or other circumstances make those payments appropriate. All such payments must be made promptly and are subject to the interest, penalty and other provisions of this chapter. [1993, c. 461, §1 (NEW).] SECTION HISTORY 1993, c. 461, §1 (NEW). §1118. DISPUTES; PENALTIES; ATTORNEY'S FEES 1. Withholding payment. Nothing in this chapter prevents an owner, contractor or subcontractor from withholding payment in whole or in part under a construction contract in an amount equalling the value of any good faith claims against an invoicing contractor, subcontractor or material supplier, including claims arising from unsatisfactory job progress, defective construction or materials, disputed work or 3rd-party claims. [ 1993, c. 461, §1 (NEW) .] 2. Penalty. If arbitration or litigation is commenced to recover payment due under the terms of this chapter and it is determined that an owner, contractor or subcontractor has failed to comply with the payment terms of this chapter, the arbitrator or court shall award an amount equal to 1% per month of all sums for which payment has wrongfully been withheld, in addition to all other damages due and as a penalty. [ 1993, c. 461, §1 (NEW) .] 3. Wrongful withholding. A payment is not deemed to be wrongfully withheld if it bears a reasonable relation to the value of any claim held in good faith by the owner, contractor or subcontractor against which an invoicing contractor, subcontractor or material supplier is seeking to recover payment. [ 1993, c. 461, §1 (NEW) .] 4. Attorney's fees. Notwithstanding any contrary agreement, the substantially prevailing party in any proceeding to recover any payment within the scope of this chapter must be awarded reasonable attorney's fees in an amount to be determined by the court or arbitrator, together with expenses. [ 1993, c. 461, §1 (NEW) .] SECTION HISTORY 1993, c. 461, §1 (NEW). §1119. CONTRACTS INVOLVING FEDERAL FUNDS Notwithstanding any provision of this chapter, language at variance to the requirements of this chapter may be included in contracts when that variance is required by any law, regulation or grant agreement conditioning the receipt or expenditure of federal aid. [1993, c. 461, §1 (NEW).] SECTION HISTORY 1993, c. 461, §1 (NEW). §1120. OWNER EXCLUSION This chapter does not apply to contracts for the purchase of materials by a person performing work on that person's own real property. [1993, c. 461, §1 (NEW).] SECTION HISTORY 1993, c. 461, §1 (NEW). Chapter 202: CONSUMER LOAN AND LEASE AGREEMENTS
The purpose of this chapter is to enable the average consumer, who makes a reasonable effort under ordinary circumstances, to read and understand the terms of loan and lease documents without having to obtain the assistance of a professional. [1985, c. 763, Pt. A, §66 (AMD).] SECTION HISTORY 1979, c. 483, (NEW). 1985, c. 763, §A66 (AMD). §1122. DEFINITIONS As used in this chapter unless the context clearly indicates otherwise, the following terms shall have the following meanings. [1979, c. 483, (NEW).] 1. Agreement. "Agreement" means any writing which is substantially prepared in advance of a consumer loan or consumer lease and which a supervised lender or lessor furnishes to a consumer for the consumer to sign in connection with that loan or lease. [ 1985, c. 763, Pt. A, §67 (AMD) .] 2. Amount financed. "Amount financed" means "amount financed" as defined by Title 9-A, section 1-301, subsection 5. [ 1979, c. 483, (NEW) .] 3. Consumer. "Consumer" means an individual to whom a consumer loan or consumer lease is made. [ 1985, c. 763, Pt. A, §67 (AMD) .] 3-A. Consumer lease. "Consumer lease" means a lease of goods to a consumer by a lessor for personal, family or household purposes, which is for a term exceeding 4 months and which is not made pursuant to a lender credit card. [ 1985, c. 763, Pt. A, §68 (NEW) .] 4. Consumer loan. "Consumer loan" means a loan made to a consumer by a supervised lender for personal, family or household purposes, if the debt is payable in installments or a finance charge is made, including a loan made pursuant to a lender credit card. [ 1979, c. 483, (NEW) .] 4-A. Lessor. "Lessor" means a person who, in the ordinary course of business, regularly leases, offers to lease or arranges for the lease of personal property under a consumer lease. [ 1985, c. 763, Pt. A, §69 (NEW) .] 5. Supervised lender. "Supervised lender" means "supervised lender" as defined under Title 9-A, section 1-301, subsection 39. [ 1979, c. 483, (NEW) .] SECTION HISTORY 1979, c. 483, (NEW). 1985, c. 763, §§A67-69 (AMD). §1123. SCOPE 1. Application. Except as provided in subsection 2, this chapter applies to any agreement signed in connection with a consumer loan or consumer lease entered into in this State between a consumer who is a resident of this State at the time of the loan or lease and a supervised lender or lessor. [ 1985, c. 763, Pt. A, §70 (AMD) .] 2. Exclusions. This chapter does not apply: A. To consumer loans or consumer leases in which the amount financed or in the case of consumer leases, the capitalized cost of the leased property, exceeds $100,000; and [1985, c. 763, Pt. A, §70 (AMD).] B. To language or arrangement which is specifically required by federal or state law, regulation or official agency interpretation; or to agreements, the form or any part of which is required by any governmental instrumentality as a condition of the assignability of the agreement. [1979, c. 483, (NEW).] [ 1985, c. 763, Pt. A, §70 (AMD) .] SECTION HISTORY 1979, c. 483, (NEW). 1985, c. 763, §A70 (AMD). §1124. REQUIREMENTS FOR AGREEMENTS After October 1, 1982, every consumer loan agreement, and after January 1, 1987, every consumer lease agreement, shall be: [1985, c. 763, Pt. A, §71 (AMD).] 1. Plain language. Written in a clear and coherent manner using words with common and everyday meanings; and [ 1981, c. 236, §1 (AMD) .] 2. Meaningful arrangement. Appropriately divided and captioned by its various sections. [ 1979, c. 483, (NEW) .] SECTION HISTORY 1979, c. 483, (NEW). 1981, c. 236, §1 (AMD). 1981, c. 551, §1 (AMD). 1985, c. 763, §A71 (AMD). §1125. ENFORCEMENT A supervised lender's or lessor's failure to comply with the requirements of section 1124 shall constitute a violation of Title 9-A which shall be enforceable under Title 9-A, section 6-108. [1985, c. 763, Pt. A, §72 (AMD).] SECTION HISTORY 1979, c. 483, (NEW). 1985, c. 763, §A72 (AMD). §1126. CERTIFICATION OF COMPLIANCE 1. Certification. A supervised lender or lessor, or any trade organization or association acting on behalf of supervised lenders or lessors, may submit any proposed form of agreement to the Office of Consumer Credit Regulation or, in the case of forms of agreement from supervised financial organizations, the Bureau of Financial Institutions. Within 45 days, the office or bureau shall either certify the form as complying with the requirements of section 1124 or refuse to certify the form as complying, setting forth written reasons for its refusal. Failure by the office or bureau to act under this section within 45 days is considered a certification of the form's compliance. A certification of compliance under this section is an absolute bar to any legal proceeding by the director or superintendent for failure to comply with the requirements of section 1124. [ 2001, c. 44, §8 (AMD); 2001, c. 44, §14 (AFF) .] 2. Fees. Any form of agreement submitted to the office under this section must be accompanied by a fee of $25. The period within which the office must act under this section commences upon receipt of the fee. The fees received under this section are to be used by the director for the purposes of this chapter. The balance of any fees so received does not lapse. [ 1995, c. 1, §7 (AFF); 1995, c. 1, §6 (COR) .] SECTION HISTORY 1979, c. 483, (NEW). 1981, c. 236, §2 (AMD). 1981, c. 501, §82 (AMD). 1981, c. 551, §2 (AMD). 1985, c. 763, §A73 (AMD). RR 1995, c. 1, §7 (AFF). RR 1995, c. 1, §6 (COR). 1995, c. 309, §17 (AMD). 1995, c. 309, §29 (AFF). 2001, c. 44, §8 (AMD). 2001, c. 44, §14 (AFF). Chapter 202-A: PAYMENT BY NEGOTIABLE INSTRUMENT
No person accepting a negotiable instrument as payment in full or in part for goods or services may require the payor to use a bank credit card as a form of identification if the payor does not possess a bank credit card. This section does not limit the other reasonable forms of identification a payee may require before accepting a negotiable instrument. [1987, c. 244, (NEW).] SECTION HISTORY 1987, c. 244, (NEW). Chapter 202-B: PROHIBITED CREDIT CARD PRACTICES INVOLVING PROVIDERS OF TRAVEL SERVICES
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [1991, c. 261, (NEW).] 1. Credit card. "Credit card" has the same meaning as "accepted credit card," as defined in the Federal Truth in Lending Act, 15 United States Code, Section 1601 et seq. [ 2011, c. 427, Pt. D, §16 (AMD) .] 2. Credit card issuer. "Credit card issuer" has the same meaning as "card issuer," as defined in the Federal Truth in Lending Act, 15 United States Code, Section 1601 et seq. [ 2011, c. 427, Pt. D, §17 (AMD) .] 3. Provider of travel services. "Provider of travel services" means a person, firm or corporation engaged in the business of furnishing travel, transportation or vacation services. [ 1991, c. 261, (NEW) .] 4. Travel agent. "Travel agent" means a person, firm, corporation, partnership or association, other than a common carrier as defined in Title 12, section 6001, subsection 8 or employee of a common carrier, that: A. Is an officially appointed agent of a common carrier or is a member of a cruise lines association who operates exclusively as an agent for cruise lines in the sale of cruise travel products or services; and [1991, c. 261, (NEW).] B. As a legal agent for a provider of travel services: (1) Sells or offers for sale travel, transportation or vacation arrangements; (2) Negotiates for travel, transportation or vacation services; or (3) Professes to be by solicitation, advertisement or other means a seller, contractor or arranger for travel, transportation or vacation services. [1991, c. 261, (NEW).] [ 1991, c. 261, (NEW) .] SECTION HISTORY 1991, c. 261, (NEW). 2007, c. 273, Pt. C, §10 (AMD). 2007, c. 695, Pt. B, §2 (AMD). 2011, c. 427, Pt. D, §§16, 17 (AMD).
When a travel agent furnishes travel services to a consumer and the consumer uses a credit card to obtain credit in the transaction, the provider of travel services for which the travel agent is an agent may not as the result of the use of the credit card impose a surcharge on or reduce commissions paid to the travel agent. This prohibition does not apply if the provider of travel services is the issuer of the credit card used in the transaction. [1991, c. 261, (NEW).] SECTION HISTORY 1991, c. 261, (NEW). §1143. REMEDIES Any person injured as a result of a violation of section 1142 may seek damages and an injunction in a civil action. Any person likely to be injured by a violation of section 1142 may seek an injunction in a civil action. The court may award reasonable attorney's fees to the plaintiff. [1991, c. 261, (NEW).] SECTION HISTORY 1991, c. 261, (NEW). Chapter 202-C: COMMERCIAL LOAN AGREEMENTS
A. In writing; and [1991, c. 535, (NEW).] B. Signed by the party to be charged with the promise, contract or agreement, or by some person lawfully authorized to sign for the party to be charged. [1991, c. 535, (NEW).] [ 1991, c. 535, (NEW) .] 2. Notice. Subsection 1 does not apply if the person to be charged with the promise, contract or agreement failed to notify the borrower that the promise, contract or agreement must be in writing for an action to be maintained. [ 1991, c. 535, (NEW) .] 3. Application. This section applies only to promises, contracts and agreements entered into after the effective date of this section. [ 1991, c. 535, (NEW) .] SECTION HISTORY 1991, c. 535, (NEW). Chapter 202-D: CREDIT CARD AND DEBIT CARD RECEIPTS
[ 2003, c. 586, §1 (AMD); 2003, c. 586, §3 (AFF) .] 2. Exception. This section applies only to receipts that are electronically printed and does not apply to transactions in which the sole means of recording the cardholder's credit card or debit card account number is by handwriting or by an imprint or copy of the credit card or debit card. [ 2001, c. 527, §1 (NEW) .] 3. Forfeiture; civil penalty. A person, firm, partnership, association, corporation or limited liability company that violates this section is subject to a forfeiture not to exceed $250 for the first violation and a civil penalty of $1,000 for each subsequent violation. A forfeiture or civil penalty may not be assessed for a violation of this section if the person, firm, partnership, association, corporation or limited liability company demonstrates by a preponderance of the evidence that the defendant has adopted procedures reasonably designed to avoid errors and that the violation was unintentional and resulted from a bona fide error. [ 2001, c. 527, §1 (NEW) .] 3-A. Absolved from forfeiture and civil penalty. Until January 1, 2005, a person who violates this section is absolved from civil prosecution or forfeitures and civil penalties associated with any such violation occurring before that date. [ 2003, c. 586, §2 (NEW); 2003, c. 586, §3 (AFF) .] 4. Effective date. This section takes effect January 1, 2004. [ 2001, c. 527, §1 (NEW) .] SECTION HISTORY 2001, c. 527, §1 (NEW). 2003, c. 586, §§1,2 (AMD). 2003, c. 586, §3 (AFF). Chapter 202-E: TRUTH IN MUSIC ADVERTISING
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