Unfortunately, those in construction come across builders, developers, or owners who are unwilling or unable to pay their bills. Subcontractors, suppliers, architects, design professionals, laborers, and others may start or complete work or services on a home or commercial building but have a hard time getting paid for their efforts. As long as the company that did the work has some sort of enforceable written agreement, it can file a lien against the property it worked on. A mechanic’s lien may offer those owed a viable solution for collection. At Law Offices of Alan M. Cohen LLC, we can promptly and properly prepare and enforce a mechanic’s lien to help you get paid.
How it works
Timing is incredibly important when filing a mechanic’s lien and the business must follow every step. The elements will vary by who files the mechanic’s lien, but the general process involves the following:
Preliminary notice: To get a mechanic’s lien recorded in Massachusetts, a business that provides services or specifically fabricated materials to a project can send a preliminary notice within 30 days of first furnishing work or services to the primary contractor. The product need not be delivered or installed when you send the notice. This notice is called a notice of identification and is especially important for sub-subcontractors. Generally, this is a heads up to the general contractor and owner that money is owed to the sub-subcontractor and may lead to payment before filing the notice of contract and statement of account portions of the Massachusetts mechanic’s lien statute c. 254.
Notice of Contract (or Subcontract): The unpaid person or entity must record the notice of contract within 60 days after the substantial completion of work or 90 days after last providing labor or materials. You must record the lien at the registry of deeds in the county or district of the property. If this is a notice of contract filed by anyone other than the general contractor, notice must be provided to the property owner of the recording of a Notice of Contract by certified mail with a return receipt requested. If you miss these deadlines you may eliminates your ability to enforce your mechanic’s lien and get paid without extensive litigation.
Statement of amount due: The second step to recording a mechanic’s lien is a statement of the amount due, which details the amount owed within 90 days of substantial completion, 120 days after last performing work, or 120 days after notice of termination. It should include such details as contract amount due, property owner info, lienor info, and a legal description of the property.
This process is not straightforward
Massachusetts laws on mechanic’s liens are complex with strict deadlines. It is imperative to work with an experienced mechanic’s lien collections attorney who prepares and enforces mechanical liens. Our experienced attorneys understand the paperwork and know about all applicable deadlines, thus giving your business the best chance to get paid for your work. We know how to get the job done. Contact our law firm for a free consultation.