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Mechanic’s liens and the requirement of an enforceable written contract

On Behalf of | Oct 11, 2023 | Aggressive Collections, Business Debt Collection, Mechanic's Liens

A mechanic’s lien is a powerful debt-collection tool for businesses in the construction industry. One of the requirements to file a mechanic’s lien is that you must have a written contract that is enforceable under Massachusetts law. That contract must also relate to the property that you helped to improve by performing services.

What constitutes a contract for a mechanic’s lien?

A contract under Massachusetts state law is a promise between two parties to perform a service in exchange for consideration. A written contract is further defined as any writing that is enforceable by the Commonwealth under the Statute of Frauds. The Statute of Frauds in Massachusetts requires that the writing must:

  • Indicate the existence of a contract or agreement
  • Be signed by both parties involved
  • Indicate the quantity of goods involved or the services to be performed

A series of written documents or communications can be taken together to constitute a contract. Our mechanic’s lien lawyers at Law Offices of Alan M. Cohen & Associates LLC can help assess if the written communications between you and the non-paying party will prove the existence of a contract through written communications. But even better, they are available to prepare contracts for your future business dealings so that you never have to worry about whether or not there is a valid contract in the event you have to file a mechanic’s lien.

Proving a contract for a mechanic’s lien

In the Commonwealth of Massachusetts, the first step to filing a mechanic’s lien is to file a notice of contract and serve the notice of contract on the property owner. This notice sets forth the evidence that a contract exists between the two parties. Our attorneys will customize a notice of contract for our clients based on the facts and circumstances of their business transactions with the non-paying party.

Call our mechanic’s lien attorneys today

If you need to collect on a construction debt or need assistance proving that there was a contract so that you can file a mechanic’s lien, our mechanic’s lien and aggressive  debt collection attorneys can provide you with counsel and advice on the best next steps. At Law Offices of Alan M. Cohen & Associates LLC, we have provided aggressive, relentless and ethical debt collection assistance to clients since 1994. To schedule an appointment, call us at 508-763-6604 or send us an inquiry through our online form.