A lumber supplier sells building materials to one of its customers at two projects. The customer fails to make payment. The lumber supplier calls us.
Identifying documents which together form an enforceable a written contract, we immediately prepare a Mechanic’s Lien consisting of a Notice of Contract and Statement of Accounts. After recording the Mechanic’s Lien, we received a call from each of the two project owners.
The first project owner indicated that he had already paid the lumber yard’s customer which meant that the lumber supplier waited too long to file a lien.
The second project owner indicated to us that he still owed monies to the lumber yard’s customer. As a result of our Mechanic’s Lien, the property owner pressured the contractor to make payment.
The moral of the story is that it is much better to record a notice of contract as early as possible as at least in Massachusetts, a property owner cannot be required to pay twice. Best practice is to record a Mechanic’s Lien if you have not received payment within terms. It is relatively short money and if done promptly can enhance timely payment.
If your business is owed monies for building materials, you should be using a Massachusetts Mechanic’s Lien lawyer to get you paid.