The Contractor Took a Big Deposit and Disappeared. Maine's One-Third Rule.

The pattern is familiar. A contractor quotes the job, asks for half up front "to order materials," cashes the check, shows up for a day or two, and then stops answering. The homeowner is out a large deposit and has a torn-up kitchen. The first thing I check is the size of that deposit, because Maine has a rule about it.

The one-third rule

Maine's Home Construction Contract Act applies to any home construction contract for more than $3,000 in labor or materials. Among other things, it requires the contract to be in writing, signed by both sides, and to spell out the payment terms, with the initial down payment limited to no more than one-third of the total contract price.

A contractor who takes half, or all, of the price up front has violated the statute, whether or not the work ever started. That matters for two reasons.

Why it matters

First, a violation of the Act is prima facie evidence of an unfair trade practice under Maine law. That changes the case. An ordinary breach of contract gets you your damages. An unfair trade practice claim, if it succeeds, can also get you your reasonable attorney's fees and costs, which is often the difference between a case that is worth bringing and one that isn't.

Second, the oversized deposit is usually not the only violation. The same contractor who asked for half up front often had no written contract at all, or a one-page proposal with no start date, no completion date, no warranty statement and no change-order terms. Every missing required term is another violation. By the time I finish the statute check, the contractor's position is usually much weaker than they think.

What to do first

Stop paying. Nothing more goes out until there is a written agreement about what happens next.

Put everything in writing. Text the contractor rather than calling, and keep every message. Photograph the state of the work, dated.

Gather the paper. The contract or proposal, every payment with the date and method, every text and email, and any permits that were pulled or weren't.

Send the demand. Maine's Unfair Trade Practices Act requires a written demand for relief at least 30 days before a suit for damages. A demand letter that lays out the specific violations, the amount paid, and the number you'll accept resolves a surprising number of these without a lawsuit. The contractor's lawyer, if they have one, will read the statute too.

If they don't respond, sue. District or Superior Court depending on the amount. The deposit is recoverable, and so is the cost of finishing or redoing the work, with attorney's fees on the table under the unfair trade practices claim.

If you're the contractor

The rule cuts both ways. If you are a contractor reading this, the one-third limit and the written-contract requirements are not optional, and a homeowner who hasn't paid you can use the same violations as leverage against you. A compliant contract protects your payment as much as it protects the homeowner. I review and fix contractor contracts too.

I handle home construction disputes for homeowners and contractors across Maine. This post is general information, not legal advice. More on how these cases go is on the Home Construction Disputes page, or call (207) 373-9302.

Appealing in Maine: 21 Days, and What the Law Court Will Actually Look At

Two calls I get after a bad ruling. The first is the day it comes down: "Can we appeal this?" The second is about a month later: "Can we still appeal this?" The answer to the second one is usually no. Here is why, and what an appeal in Maine actually involves.

The 21 days

In a civil case, the notice of appeal has to be filed within 21 days after the judgment is entered on the docket. Not 21 days after you got the mail, or after you talked to a lawyer. From docket entry. Miss it and the appeal is gone, however strong the issue was.

A few post-judgment motions can extend that clock if they are filed on time: a motion for findings of fact, a motion for a new trial, a motion to alter or amend the judgment, and a motion for judgment as a matter of law. If one of those is filed, the 21 days runs from the order deciding the motion. Those motions have their own short deadlines, so this is not a way to buy time. It is a way to fix the record before the appeal, when that's needed.

If you are thinking about an appeal, the week the decision arrives is when to call.

What the Law Court will look at

Maine has one appellate court for civil cases, the Supreme Judicial Court sitting as the Law Court. It does not retry the case. It reads the record that was made in the trial court, and it reviews different kinds of decisions differently.

Questions of law, like what a statute means or whether the right legal test was applied, get a fresh look. This is where most successful appeals live.

Findings of fact get deference. The Law Court will not reverse a factual finding just because it would have decided differently. A finding stands unless there is no competent evidence in the record to support it. If the judge believed the other witness, that is almost never an appeal.

Discretionary calls, like how to divide property, how much to award in fees, or whether to admit a piece of evidence, are reviewed for abuse of discretion. The question is not whether the decision was right but whether it was within the range of reasonable choices.

And the issue has to have been raised in the trial court. An argument that nobody made below is generally not preserved, and the Law Court will usually decline to consider it.

What that means in practice

Most appeals that succeed turn on a legal error you can point to in the written decision or the transcript: the wrong standard, a required finding that was never made, a fee award built on the wrong numbers, a statute misread. Most appeals that fail are really a disagreement about the facts dressed up as something else.

That is the honest read I give at the start. Sometimes it means telling someone the decision they hate is going to stand.

What it costs and how long it takes

An appeal is mostly research and writing, so it generally costs less than the trial did. The timeline is driven by transcripts and briefing schedules, and a decision often comes months after the briefs are in. Enforcement of the judgment is not automatically paused while the appeal is pending, which matters in family cases especially.

I handle appeals to the Law Court in civil, family and probate cases, including appeals from trials I did not handle, and I defend judgments my clients have won. This post is general information, not legal advice. More on how an appeal goes is on the Appeals page, or call (207) 373-9302.

You Won the Judgment. Now Collect It.

A judgment is a piece of paper that says someone owes you money. It is not the money. In Maine, turning one into the other is its own process, and it is where a lot of cases quietly die because nobody wants to do the next part. Here is what the next part looks like.

First, a short wait

Nothing happens the day the judgment is entered. Under Maine's civil rules, no execution can issue and no enforcement can begin until 21 days have passed. That is the same window the other side has to appeal. If they appeal, enforcement may be stayed. If they don't, the clock is yours.

The disclosure hearing

Maine's main tool is the disclosure proceeding in District Court. You subpoena the debtor to appear, under oath, with the documents you ask for, and answer questions about what they own and what they earn. Bank accounts, vehicles, real estate, business interests, who pays them and how much. They are entitled to argue that some income or assets are exempt, and some are.

If the debtor ignores the subpoena, the court has teeth: a civil order of arrest, and an order to the employer to withhold part of their wages. Most people show up.

What the judge can order

Once the debtor's finances are on the record, the court can order installment payments out of income. It can order a third party who holds the debtor's property, like a bank, to hold it and answer. It can order wage withholding directly from an employer. It can order non-exempt property turned over and sold. If the debtor is unemployed, it can order them to look for work. These orders can be modified as circumstances change, and a debtor who violates one faces contempt.

You can bring the debtor back for another disclosure, but generally no more than once every six months unless you show good cause for an earlier one.

The lien on real estate

Separately from the disclosure process, you can record the execution at the registry of deeds in any county where the debtor owns real estate. That creates a lien on the property for the amount of the judgment, interest and costs. You have to mail the debtor notice within 20 days of recording or the lien is void. For liens recorded since September 2020, it lasts ten years and can be renewed once. A debtor who wants to sell or refinance has to deal with you first. Sometimes that lien is what finally gets the phone call.

How long you have

A Maine judgment is presumed paid after 20 years. In practice, the useful window is shorter than that, because people move, businesses close and assets get spent. Interest runs in the meantime, but interest on money you never collect is just a bigger number on the same piece of paper.

What I tell clients before we start

Collection work costs money, so the first question is what the debtor actually has. If the answer is nothing and no prospects, I will tell you that, and we will talk about whether to record the lien and wait rather than spend on hearings. If the answer is a job, a house or a business, there is a plan.

I handle collection on judgments I have won and on judgments other lawyers won and then set aside. This post is general information, not legal advice. More on how I handle civil cases, start to finish, is on the Civil Litigation page, or call (207) 373-9302.

Contesting a Will in Maine: Who Has to Prove What

A parent dies. A will surfaces that nobody knew about, signed in the last year, leaving nearly everything to the one sibling who had moved in to help. The others want to know whether they can do anything. In Maine, the answer usually turns on one question: who has to prove what.

The starting rule

Maine's Probate Code puts the burden on the person challenging the will. If you say the will is invalid because your parent lacked capacity, was unduly influenced, was defrauded or made a mistake, you have to prove it. The person offering the will only has to show it was properly signed and witnessed. That is the default, and it is why a lot of will contests go nowhere: suspicion is not proof.

Where the burden flips

There is an important exception. When the person who benefited from the will was in a confidential relationship with the person who signed it, Maine's Law Court shifts the burden. The beneficiary then has to prove the transaction was entirely fair and free of undue influence.

A confidential relationship is more than being family. It means the person who signed the will had placed trust and confidence in the beneficiary, and the beneficiary held some real influence over them. The sibling who handled the bank accounts, drove to every appointment, held the power of attorney and arranged the meeting with the lawyer is the classic example. Once that relationship is shown, the sibling has to explain why the will is fair, not the other way around.

That shift is often the whole case. It changes who needs the records, who needs the witnesses, and who is at risk if the evidence is thin.

What the evidence usually looks like

Medical records from the months around the signing. The drafting lawyer's file, including who made the appointment and who was in the room. Bank and brokerage statements showing where money went before and after. Earlier wills, which show what the plan looked like before it changed. Text messages and emails. The people who saw your parent regularly and can say what they were like.

None of this is exotic, but most of it has to be requested, and some of it has deadlines.

The clock

Probate proceedings generally have to be started within three years of death. A will that was informally probated has to be challenged within the later of twelve months after that probate or three years after death. Those are outside limits, not targets. Records disappear and witnesses move. If you think a will is wrong, the time to look at it is now, not after the estate has been distributed.

What I tell families

Most of these cases settle once the records are on the table, because the facts tend to speak for themselves in one direction or the other. My job at the start is to tell you which direction, before you spend real money on it. Sometimes that means telling a family that the will is probably going to stand.

I handle will contests and disputes with personal representatives, trustees and agents under a power of attorney in Maine's Probate and Superior Courts. This post is general information, not legal advice. More on how these cases go is on the Probate Litigation page, or call (207) 373-9302.

What a One-Day Mediation Actually Looks Like in Maine

Most people have never been to a mediation, so they picture a conference room, a stern neutral, and both sides arguing across a table. That's not how I run one. Here's what a day with me as the mediator looks like, start to finish.

Before the day

Once I've confirmed I have no conflict with either side, each party sends me a short confidential summary: what the dispute is, what they want, and what's already been offered. Those summaries stay with me. I read them the night before, so we don't spend the morning catching me up.

The opening

We start together for a few minutes. Everyone hears the same ground rules and the same plain description of the problem. Then most cases move to separate rooms. People negotiate better when they're not performing for the other side.

The work

I go back and forth. In each room I test the position against three things: what a judge would likely do, what the fight will cost, and what the person actually needs as opposed to what they're asking for. I say the hard things in private, so nobody has to lose face in front of the other side. I don't tell anyone who's right. That's the whole point. I tell each side how I think it would go.

The agreement

When the terms come together, they get written and signed before anyone leaves. In a case that's already in court, that document goes to the judge. In a private dispute, it becomes the contract. A deal people sign at 4 p.m. and sleep on tends to hold; a deal they agree to in principle and plan to paper next week tends not to.

If it doesn't settle

Nobody is worse off. Settlement talks are protected under Maine's evidence rules, I have a privilege as the mediator not to testify about what was said, and a second session sometimes finishes what the first one started.

What it costs

I bill mediation hourly, and the parties usually split the fee. A full day is a fraction of what a contested hearing costs, and both sides leave with a decision they made.

I mediate divorce and parenting matters, estate and trust disputes, home construction fights, and business and contract disputes, in Brunswick or by video. This post is general information, not legal advice. Details and the questions I get most are on the Mediation page, or call (207) 373-9302.

Maine Doesn't Have "Custody." Here's What the Court Actually Decides.

People call my office every week and say the same thing: I want full custody. I understand what they mean. But Maine doesn't use that word, and the difference isn't just vocabulary. It changes what you should be asking for and how you should prepare.

What Maine courts decide instead

In Maine, the court decides parental rights and responsibilities. That breaks into a few pieces: where the child primarily lives, how much time the child spends with each parent, and who makes the big decisions about school, health care and religion. The court can give those rights to both parents to share, divide them up, or give them to one parent alone.

Shared parental rights are common. The judge isn't picking a winner. The judge is building an arrangement that works for the child.

The list the judge uses

Maine's statute gives the court a list of factors, and every one of them is about the child, not the parents. Among them: the child's age; the child's relationship with each parent and anyone else who matters in the child's life; the child's preference, if the child is old enough to have a meaningful one; the stability of each home; each parent's motivation and ability to give love, affection and guidance; the child's adjustment to home, school and community; and, always, the child's safety.

Then there's the factor that decides more cases than people expect: each parent's capacity to allow and encourage frequent and continuing contact between the child and the other parent. If you're the parent who makes it hard for your child to see the other parent, the judge notices. If you're the parent who makes it easy, the judge notices that too.

What this means before you walk in

Instead of asking for full custody, ask yourself what you'd actually want a judge to see. A parent who keeps a steady home. A parent who gets the child to school and to the doctor. A parent who can be in the same room as the other parent for a handoff without an argument. Those facts win cases. Anger at the other parent does not.

And if there's a real safety problem, say so plainly and early, because the court weighs the child's safety first.

Changing an order later

Orders aren't permanent. When circumstances change substantially, either parent can ask the court to modify. Moving a long distance, a new finding of family violence, or a child's changing needs can all qualify.

This post is general information about Maine law, not legal advice about your situation. For the questions I get most on divorce and parental rights, see the Family Law page. If you want my read on your case, call (207) 373-9302.

Maine’s Home Construction Contract Act: What Homeowners & Contractors Need to Know

Maine has a specific law for home construction jobs, and most people on both sides of a project have never read it. Here is what it requires, what happens when it's ignored, and the part people get wrong.

What the Act requires

The Home Construction Contract Act is at 10 M.R.S. sections 1486 to 1490. Any home construction contract for more than $3,000 in materials or labor must be in writing and signed by both the contractor and the homeowner. The contract has to include the parties' names and addresses, the location of the work, estimated start and completion dates, the price, a payment schedule with a down payment of no more than one third of the contract price, a description of the work and materials, a warranty statement, a choice of how disputes will be resolved, a change-order provision, and the Attorney General's consumer information. Any change that affects the price has to be in a written change order.

What happens when it's ignored

The Act itself doesn't spell out a penalty. Instead, section 1490 says a violation is prima facie evidence of a violation of Maine's Unfair Trade Practices Act. That is where the teeth are. Under the UTPA, 5 M.R.S. section 213, a consumer who lost money or property because of the violation can sue for actual damages, restitution and other relief, and if the court finds a violation it awards reasonable attorney's fees and costs. One procedural point that trips people up: the UTPA requires a written demand for relief at least 30 days before a suit for damages is filed.

The part people get wrong

A missing contract does not mean the homeowner gets the work for free. In Sweet v. Breivogel, 2019 ME 18, a builder put up a timber frame home on Mount Desert Island with no signed contract. The homeowners proved violations of the Act and the UTPA. The builder still recovered the reasonable value of his work, which the homeowners had already paid, because they accepted and lived in the house. The homeowners' recovery under the UTPA was $640.77, the amount they could show they'd been overcharged, because they couldn't show a larger loss caused by the missing paperwork. And the attorney's fees were limited to the part of the case spent on the UTPA claim.

So the Act is leverage, not a free house. For a homeowner, the violation gets you in the door and puts attorney's fees on the table, but you still have to show what the missing contract or the oversized deposit actually cost you. The strongest cases are the ones where the contractor took the money and didn't deliver the value: a big deposit and an abandoned job, work that has to be torn out, or a price that bears no relation to what was built. For a contractor, you can usually still be paid for the value you delivered, but you'll be defending a UTPA claim with fee exposure while you do it, and the judge will be reading your invoices with the homeowner's lawyer. A compliant contract costs an hour. The alternative costs a year.

Deadlines that matter

Contractors who weren't hired directly by the owner have 90 days after their last day of work to record a lien statement in the registry of deeds, and any contractor has 120 days from the last labor or materials to file a lien action. Most contract claims in Maine have a six-year limitations period, but the lien windows are the ones people miss. If you're on either side of a job that has gone wrong, call before those windows close.

I handle these disputes for homeowners and for contractors, and I mediate them when both sides want to settle. Send me the contract, every change order, every payment and the photos, and I'll tell you where you stand. Call (207) 373-9302. This post is general information about Maine law, not legal advice about your situation, and reading it doesn't make me your lawyer.

What Counts as a “Substantial Change in Circumstances” in Maine Family Law?

Introduction: Why Life Changes Demand Legal Changes

Family life is never static. Jobs change, kids grow, parents move, and financial circumstances shift. But if you already have a custody order or child support obligation in place, you can’t simply decide to adjust it on your own. In Maine, courts require proof of a “substantial change in circumstances” before modifying an existing order.

This standard protects children’s stability while ensuring court orders stay fair and workable as life evolves. But what does “substantial change” really mean, and how do judges decide whether to allow a modification?

The Legal Standard in Maine

The relevant statute is 19-A M.R.S. §1653(10), which governs modification of parental rights and responsibilities. It provides that a court may modify an existing order “if the court finds, upon a showing of changed circumstances, that modification is in the best interests of the child.”

Similarly, 19-A M.R.S. §2009 applies to child support orders. It requires a showing of “substantial change in circumstances” — usually financial — before modifying the amount.

In plain English, the court asks two questions:

1. Has there been a significant change since the last order?

2. Would modification serve the child’s best interests?

Both must be answered “yes” before a judge will sign off on a new order.

Examples Courts Recognize as Substantial Changes

While every case is unique, Maine courts have consistently recognized certain situations as substantial changes:

• Relocation: If a parent moves far enough to disrupt existing visitation schedules.

• Major change in a child’s needs: New medical conditions, educational needs, or developmental challenges.

• Parental unfitness: Substance abuse relapse, criminal conduct, or neglectful behavior.

• Significant income changes: Job loss, new employment with higher or lower pay, or disability.

• Remarriage/cohabitation: If the new arrangement directly affects the child’s environment.

Examples Courts Usually Reject

Not every life shift qualifies. Judges often reject modification requests when:

• The change is minor or temporary (e.g., a short-term pay cut).

• The change was voluntary (a parent intentionally quits a job to reduce income).

• The dispute is more about parental conflict than about the child’s best interests.

• The evidence is speculative — judges require concrete proof, not fears about what “might happen.”

The Burden of Proof: Evidence Matters

The parent requesting modification carries the burden of proving substantial change. Strong evidence can include:

• Employment records (showing job loss, new salary, disability benefits).

• Medical records or school reports documenting new child needs.

• Testimony from teachers, doctors, or counselors.

• Witnesses or police records in cases involving parental misconduct.

Without solid documentation, even legitimate claims may fail.

Timing: When to File a Motion

Maine law doesn’t set a strict waiting period after a judgment, but courts are reluctant to revisit orders too soon unless circumstances are extreme. Filing prematurely risks dismissal and can damage credibility.

Strategically, it’s best to file when:

• The change is lasting, not temporary.

• The child is already affected.

• Evidence is organized and compelling.

Best Interests of the Child

Even if a substantial change is proven, modification will only occur if it serves the child’s best interests. Courts consider:

• The child’s age and developmental stage.

• Stability of each parent’s home.

• The child’s adjustment to school and community.

• Each parent’s ability to foster a positive relationship with the other.

This prevents modifications that are technically justified but not actually helpful to the child.

Practical Advice for Parents

• Document everything: Keep records of income, expenses, medical updates, and parenting schedules.

• Communicate early: Sometimes disputes can be resolved through informal agreements before court is necessary.

• Consult counsel: A lawyer can help evaluate whether your facts meet the standard.

• Focus on the child, not revenge: Judges quickly spot motions filed out of spite.

Case Illustration (Anonymized Example)

A father in southern Maine lost his manufacturing job after 12 years. His income dropped by more than 40%. He filed to reduce child support, providing pay stubs and unemployment documentation. The court found this was a substantial change and lowered his obligation temporarily, with review scheduled in six months.

Contrast this with a mother who requested custody modification because her ex-partner moved to Portland from Brunswick (a 30-minute distance). The court found this was not substantial because the parenting schedule could still function with minor adjustments.

Why Quiet Confidence Matters in Modification Cases

These disputes are often emotional, but judges value calm, clear, evidence-based advocacy. At Upstream Law, our approach is rooted in quiet confidence — presenting facts persuasively, without unnecessary conflict, and always keeping the child’s best interests front and center.

Conclusion

Life changes — and when it does, Maine family law provides a path to adjust custody and support orders. The key is showing a substantial change in circumstances and proving modification is in the child’s best interests.

If you’re wondering whether your situation qualifies, don’t guess. Get clarity today.