Commercial and residential properties can require all sorts of work. This can include projects that require the use of contractors and other professionals. Property owners may need assistance with actually building or repairing structures as well as help from designers, architects and Licensed Site Professionals (LSPs) who may be tasked with coming up with a plan, including the removal of hazardous waste.
We know the more commonly seen contractors can demand payment through use of a mechanic’s lien, but what about the others? In the past, this legal remedy was not always available. However, in 2011 Massachusetts lawmakers agreed to extend this legal tool to LSPs and design professionals. At the Law Offices of Alan M. Cohen & Associates LLC, our commercial collection attorneys have experience helping designers, architects and other LSPs file and pursue proper mechanic’s liens on their projects.
What can designers, architects, and other LSPs do to protect their right to payment?
Professionals can proactively protect their right to payment. Steps that help include making sure to get a contract in writing and double checking the name of the property owner with the information available at the Registry of Deeds.
Errors that often result in the court invalidating the lien include improperly naming the owner, failing to give the property owner proper notice, and failing to properly file and record the deed.
Is there anything else we should know?
These matters are often time sensitive. This means it is important to act within a reasonable time frame to make your claim or you could lose the chance to use this legal remedy. We have almost 50 years of combined experience working with companies navigating these types of issues. We can put this experience to work for you, so you do not lose your entitled payment. Please call 508-763-6604 or reach out using our online form to schedule an appointment.