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Enforcing Massachusetts Mechanic’s Liens for Eligible Parties

In a perfect world, every supplier and worker would be paid immediately after their job was completed for materials supplied and/or services rendered, but unfortunately, this is far from the case. Suppliers, contractors and subcontractors, especially those in the construction industry, know this all too well, as they can often be strung out waiting for their compensation after completing work for the project for which they were hired. 

However, the construction industry has its own unique debt collection tool on its side, and hundreds of professionals turn to mechanic’s liens every day.

But who is eligible for a mechanic’s lien? As an industry-specific method of debt collection, you need to meet certain eligibility criteria in order to make use of mechanics liens. For those situations where it is applicable, having the experienced collection attorneys at  the Law Offices of Alan M. Cohen LLC on your side makes it much more likely that you can recover your outstanding accounts receivables within the time constraints associated with this collection method.

Who is Eligible for Mechanic’s Liens in Massachusetts?

Per the Commonwealth of Massachusetts, mechanic’s lien eligibility applies to professional individuals and businesses in the construction industry including but not limited to those which  had done any of the following:

  • Performed repairs, structuring, erection, removal, or alterations to a given property.
  • Furnished a given property with materials or equipment on a rental basis or direct sales.
  • Provided general contractor or construction management services on a given job.

The Importance of a Written Contract

Now that you know if you are eligible for a mechanic’s lien, you should begin preparing your case to make sure that you have everything necessary to file within the time constraints provided by the Commonwealth of Massachusetts. The most crucial element that must be included is some form of a written contract stating the work performed or materials to be provided and the agreed-upon compensation for such services. If you are not equipped with this element, your battle to reclaim your outstanding debt with a mechanic’s lien may be over before it has even begun although our attorneys can use other legal tactics to get you paid.

The written contract does not have to be a single piece of writing. It can be a collection of written and electronic documents that, when combined, meet the requirements for a written contract. As long as it includes all necessary elements to constitute an enforceable by Massachusetts law several writings can constitute a written contract for the purposes of the Massachusetts Mechanic’s Lien Law.

The debt collection attorneys at the Law Offices of Alan M. Cohen LLC can assist you with meeting these criteria by helping you prepare a “Notice of Contract contract” which can consolidate all the necessary elements for a written agreement into a single contract document. This makes it much cleaner so that you can avoid inviting judicial interpretation of multiple documents. By using this tool, the judge will be more likely to decide that what you have submitted qualifies as a contract, keeping your mechanic’s lien alive and keeping you in the fight to get paid. We also act quickly and aggressively to make sure that all of the strict timelines associated with mechanic’s liens are met, including preparing and recording the notice of contract within the 90 day window, the statement of contract within 120 days window,  filing suit within the  90 days window and recording a certified copy of the complaint within 30 days thereafter. Once you have obtained your mechanic’s lien judgment, we know how to enforce judgments using warrants of sale.

Our combined over 45 years of experience in collecting delinquent debts, puts us in the unique  position to properly prepare and timely file mechanic’s liens. Our collections attorneys know how to use this tool effectively as a  means to fight to get you paid.

Partner with Experienced and Effective Debt Collection Lawyers

At the Law Offices of Alan M. Cohen LLC, our aggressive debt collection attorneys work tirelessly to get our clients paid by using mechanic’s liens to recover delinquent construction-related debts in the Commonwealth of Massachusetts. Don’t delay, as debt recovery favors the swift and mechanic’s liens are not available for those who delay, so the sooner we are able to start, the more likely it is that we can get you paid. Call (508) 620-6900 or email today to learn how we can use mechanic’s liens to get you paid.

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