Thayer Corp. v. Maine School Administrative District 61
38 A.3d 1263
Me.2012Background
- MSAD 61 contracted with International WoodFuels to install a biomass heating system at Lake Region High School, with WoodFuels owning the equipment and retaining removal rights at termination.
- Thayer installed the boiler and provided materials for WoodFuels; WoodFuels did not pay Thayer.
- Thayer recorded a mechanic's lien against the school for its materials and services and sued WoodFuels and MSAD 61 to enforce it.
- The Superior Court granted MSAD 61’s cross-motion for summary judgment and denied Thayer’s summary judgment on the lien action, finding the services were not lienable under 10 M.R.S. § 3251.
- Thayer argued the court misapplied § 3251 by considering the parties’ intent about permanent attachment of the equipment.
- The Supreme Judicial Court of Maine affirmed, concluding the heating system was not intended to become a permanent part of the realty and thus not lienable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Thayer’s lienable under 10 M.R.S. § 3251? | Thayer: lienable regardless of intent | MSAD 61: not lienable because system not intended permanent | Not lienable; lien rejected |
| Does the intention-based fixture test govern lienability? | Intention irrelevant to § 3251 | Tradition-based tests apply | Intention-based analysis governs; not permanent → not lienable |
| Was the biomass system intended to be a permanent part of the realty? | System intended to be permanent fixture | System to remain WoodFuels’ property and be removable | Not intended permanent; not lienable |
Key Cases Cited
- Baker v. Fessenden, 71 Me. 292 (Me. 1880) (antecedent lien standard focused on permanent attachment to realty)
- Hanson v. News Publishing Co., 97 Me. 99, 53 A. 990 (Me. 1902) (temporary installations not lienable when intended to be removed)
- Marshall v. Mathieu, 143 Me. 167, 57 A.2d 400 (Me. 1948) (tenant-installed items not permanently affixed can’t support lien)
- Fischbach & Moore, Inc. v. Presteel Corp., 398 A.2d 397, 400 (Me. 1979) (Me. 1979) (fixtures test: annexation and permanent accession to realty)
- Searle v. Town of Bucksport, 2010 ME 89, 3 A.3d 390 (Me. 2010) (intention element of fixture test is objective and circumstances-based)