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Alan Cohen

Massachusetts Construction Litigation Attorney Collects Unpaid Bills Using Mechanics Lien

Just like in any other industry, debt collection is a big problem in the construction industry too. Contractors and subcontractors working on construction projects have a hard time recovering their payments from property owners or general contractors. In such as situation, either the contractor can just wait for and hope that the property owner or general contractor makes their payment as agreed in the contract or seek legal representation. The latter is a great move because in the State of Massachusetts, real estate contractors operating in the construction industry have legal rights. They can claim their due payments under law.

However, for this it’s vital that you hire an experienced lawyer who has a strong understanding about the construction industry laws. This is where we can help. Get in touch with us, the Law Offices of Alan M. Cohen LLC, today to discuss your case with our Massachusetts construction litigation attorney.  Our experienced and knowledgeable attorney can help you collect unpaid bills using mechanics lien.

Mechanics Lien—What is it?

Also known as ‘Statement of Account’ and ‘Notice of Contact’, mechanics lien is a claim on real estate that helps secure payment for the services rendered by the contractor or materials provided by the supplier.

Mechanics lien in Massachusetts can be taken out by suppliers, contractors, and subcontractors to secure disputes pertaining to payments. If you are a sub-subcontractor, you should contact the Law Offices of Alan M. Cohen LLC to learn about the additional steps you need to take to be able to use the mechanics lien statute to collect your monies.

Function of a Mechanics Lien

The primary function of Mechanics lien is to help contractors and suppliers get due payments for the products and services that they have provided to the project property. A mechanics lien may serve in certain circumstances to stop the real estate development or construction work-in-process until the unpaid bills are paid and the long due payments are made.

Another important function of Mechanics lien is that it may prevents the property owner from refinancing or selling the real estate. The property owner can only do this if they pay the outstanding dues or record a bond securing the payment secured by the mechanics lien.   

As Massachusetts’ law related to Mechanics lien is complex and quite technical, it is essential that you work with a skilled and experienced construction litigation attorney like us. We have helped many contractors and suppliers recover their payments from property owners, general contractors and sub-contractors and we may be able to help you too. We will ensure you that your rights are protected under the law and that you receive your payments in a timely manner.

Criteria for Filing it

Although our construction litigation attorney will assess your case to see if you match the criteria for filing a Mechanics lien in Massachusetts, in general, a business entity or an individual with a written contract that states that they have rendered services or supplied material for construction work, building repair or development of land can file it. Since 1997, the definition of what constitutes a written contract has become more expansive, yet some writings don’t count. Our mechanic liens attorney can evaluate your written and electronic paperwork to see if you are eligible to file a Massachusetts mechanics lien.

Time Frame to Enforce a Mechanics’ Lien

You must file suit within 90 days of the day the Statement of Account, the second phase of the Massachusetts mechanics lien, was recorded at the registry of deeds. In addition, after filing the complaint, you, the claimant will also have to provide an attested copy of your complaint to the Registry of Deeds within 30 days of filing the complaint to enforce the mechanics lien. If you don’t file a law suit to enforce a mechanics’ lien within the stated time frame, you will lose your Massachusetts mechanics liens rights and the Notice of Contract and Statement of Account will be deemed dissolved as a matter of law.

If all this sounds complicated, don’t worry our attorney will assist you with the process. We will provide you with legal advice and representation to increase your chances of payment collections.

Our Massachusetts Construction litigation attorney will explain you everything that you need to know to protect your lien rights and help get paid. Hundreds of companies in Massachusetts construction industry rely on mechanics lien every day to protect the right to get paid. This is too important to be left to amateurs. You need an experienced Massachusetts mechanics lien attorney—you need Attorney Alan M. Cohen. It’s important to understand that the Massachusetts mechanics lien law though provides protection to individuals operating in the construction industry it is complex and requires careful attention to detail. Any little mistake can invalidate the mechanics’ lien and put your receivables at risk. For example, not following waiver rules on mechanics’ lien can put you in trouble. Under the mechanics law in the state of Massachusetts, all the parties working on a construction project are mandated to use legislatively designed lien waver form.  If you fail to use a form that is not in conformance with the statutory requirements could either impair or even nullify your mechanics’ lien rights. Such a simple mistake can cost you money. So, it’s really important to have an experienced construction litigation attorney for legal guidance so that you can meet the statutory requirements, avoid mistakes and exercise your right of mechanics lien to recover your payments.

Give us the opportunity to serve you. Call on (508) 620-6900 or email us at acohen@collections-law.com to discuss your case with us and we’ll suggest whether or not a Massachusetts mechanics lien is the best way for you to collect unpaid bills. Either way, we’ll assist you every step of the process to help you get your money.

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