Perfecting a Mechanic’s Lien in Massachusetts Requires Attention to Detail
It is essential to properly perfect a Massachusetts mechanic’s lien that the Notice of Contract and Statement of Account identify the then correct property owner and correct book and page number of their deed. Failure to do so can result in a court rejecting your mechanic’s lien. In the 2014 case of United Rentals(North America), Inc. v. TGBD, LLC, Superior Court Judge Edward Leibensperger addressed this exact situation. The Court noted that to properly perfect a mechanic’s lien, a contractor must strictly comply with the Massachusetts Mechanic’s Lien Statute, M.G.L. c. 254, Section 4 (which relates to a supplier or contractor who contracts with a general contractor or sub-contractor). The statute requires that the Notice of Contract and Statement of Account identify the name of the recorded owner of the property that is the subject of the Mechanic’s Lien. The reason for this is to protect subsequent purchasers who rely on records located at the registry of deeds. Although the contractor tried to correct its error by a “scrivener’s affidavit”, the Court said no. The court held that the failure to record a Notice of Contract and Statement of Account reflecting the current owner of the property at the time of filing invalidated the Mechanic’s Lien. The contractor could have avoided this result by hiring us to conduct a proper title rundown with the registry of deeds to identify the correct owner and property description.
For a free 30 minute consultation by an AV rated attorney with almost thirty years of experience with using the Massachusetts Mechanic’s Lien, call Alan M. Cohen at 5086206900 or email Alanmcohen@collections-law.com.