Mechanic from unlawful protect mechanic’s in Massachusetts Mechanic’s Lien Lawyer, please call Patrick Bull; Call 978-457-9090 today !!
The Massachusetts Mechanic’s Lien Law provides contractors, subcontractors, and suppliers with a legal avenue to secure payment for labor and materials supplied to construction projects. Understanding the intricacies of this law is crucial for anyone in the construction industry to protect their financial interests.
What is a Mechanic’s Lien?
A mechanic’s lien is a legal claim against a property that ensures payment for work performed or materials provided. It serves as a security interest in the property until the outstanding payment is settled.
Who Can File a Mechanic’s Lien in Massachusetts?
Under Massachusetts General Laws Chapter 254, the following parties may file a mechanic’s lien:
General contractors
Subcontractors
Material suppliers
Equipment lessors
However, parties who do not have a direct contractual relationship with the property owner must comply with additional notice requirements.
Steps to File a Mechanic’s Lien in Massachusetts
Filing a mechanic’s lien involves strict deadlines and procedural requirements:
Notice of Contract (General Contractors) or Notice of Identification (Subcontractors & Suppliers)
A general contractor must file a Notice of Contract with the Registry of Deeds in the county where the property is located.
Subcontractors and suppliers must first provide a Notice of Identification within 30 days of beginning work to secure their right to a lien.
Statement of Account
The claimant must file a Statement of Account detailing the amount owed within 90 days after the last day of work or material supply.
Filing and Enforcing the Lien
A lawsuit to enforce the lien must be initiated within 90 days after filing the Statement of Account.
The property owner has the right to dispute the lien, potentially leading to court proceedings.
Deadlines and Key Considerations
Massachusetts Mechanic’s Lien Law imposes strict deadlines:
Notice of Identification: Within 30 days of starting work (for subcontractors/suppliers).
Statement of Account: Within 90 days after last labor or material provision.
Lien Enforcement Lawsuit: Within 90 days after filing the Statement of Account.
Failure to comply with these deadlines may result in the lien becoming invalid.
How to Remove or Defend Against a Mechanic’s Lien
Property owners can take legal steps to challenge a lien, including:
Posting a bond to release the lien
Filing a motion to dissolve the lien if procedural errors exist
Negotiating a settlement to resolve payment disputes
Conclusion
Understanding and properly executing a mechanic’s lien in Massachusetts requires strict adherence to deadlines and legal procedures. Whether you are a contractor seeking payment or a property owner addressing a lien claim, consulting a construction law attorney can ensure compliance and protect your rights.
For legal assistance with mechanic’s liens in Massachusetts, contact our office today.
If you’re in a situation where you’ve provided services or materials for a construction project and you haven’t been paid, call my office for a free consultation. I can help you put a mechanic’s lien put on the property and ensure you get paid what is rightfully yours.
Call my office now: 978-457-9090 today !!
