State Survey of P3 Authorizing Statutes: Maine

Me. Rev. Stat. Ann. tit. 23 § 4251

Summary of Law:

The law authorizes the Maine Department of Transportation (DOT) to enter into an agreement with a private entity for the building, operation, ownership, leasing, or financing of a transportation facility.

Surety Bond Requirements:

The law requires that a proposal must include a provision that any contractor performing construction work required by the agreement must furnish performance and payment bonds or irrevocable letters of credit in an amount equal to the cost of the construction work. Any action on such a payment bond or irrevocable letter of credit is subject to the requirements of the Little Miller Act.

Excerpt:

“H. The proposal must include a provision that any contractor performing construction work required by the agreement must furnish performance and payment bonds or irrevocable letters of credit in an amount equal to the cost of the construction work. Any action on such a payment bond or irrevocable letter of credit is subject to the requirements of Title 14, section 871, subsection 4.”