Sec. 1. 10 MRSA §3255, sub-§3, as enacted by PL 1975, c. 734, is amended to read:

3. Notice to owner. If the labor, materials or services were not performed or furnished by a contract with the owner of the property affected, the lien described in this chapter may only be enforced against the property affected to the extent of the balance due to the person with whom the owner has directly contracted to perform or furnish the labor, materials and services on which that lien claim is based. The defense established by this subsection shall is only be available with respect to sums paid by the owner to the person with whom the owner has directly contracted where when payment was made prior to commencement of an action to enforce such lien by the person performing or furnishing labor, materials or services without a contract with the owner or a written notice from the person performing or furnishing labor, materials or services without a contract with the owner which that sets forth a description of the property sufficiently accurate to identify it; the names of the owners; that the person giving notice is going to perform or furnish, is performing or furnishing or has performed or furnished labor, materials or services; that the person giving notice may claim a lien therefor and, which shall must contain the following warning at the top of the notice:

Under Maine law, your failure to assure that ....

(name of the claimant giving notice)

.... is paid before further payment by you to (name of

contractor)

claimant giving notice)

.... may result in your paying twice.

(name of contractor)

paying twice.

In no case shall the The total amount due from the owner to those performing or furnishing labor, materials or services without a contract with the owner may not exceed the balance due from the owner to the person with whom he the owner has directly contracted at the time of service of process on the owner in a lien action or receipt of the written notice described above, whichever occurs first.