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Massachusetts Mechanic’s Lien Statute Requires Strict Compliance with Rigid Requirements

Whether you’re a subcontractor or supplier, if you have worked on or contributed in any way to a property improvement or remodeling project on credit basis then you can use the right to Mechanic’s lien to recover your debt payments. You can place a lien against the property to recover monies from the property owner because you have improved the property. Filing a lien against the owner of the remodeling project can put a hold on refinancing and selling the property without paying off the disputed debts first, unless someone posts a bond.

Put simply, the lien ensures that to the extent that the general contractor has not been paid (if you are a subcontractor) or to the extent that the subcontractor has not been paid by the general contractor (if you are a sub-subcontractor) who has not been paid by the owner, you are in line to get paid.

As you can see, the lie statute I very complicated. Although it t can be used to address both unpaid labor and material costs related to the construction project, the complexity calls for the expertise of the experienced Mechanic’s lien attorneys at the Law Offices of Alan M. Cohen LLC.

Hire an Experienced Attorney to File Mechanic’s lien

If you wish to benefit from this right, then first hire a professional and experienced Massachusetts Mechanic’s lien attorney who knows how to navigate the legal complexities pertaining to Mechanic’s lien.

Filing a Mechanic’s lien in the Commonwealth of Massachusetts requires strict compliance to the procedural rules and rigid requirements. Failure to conform to the requirements can cost you the right to benefit from the Mechanic’s lien statute. Missteps are not tolerated by the courts. Here’s an example to help you understand how non-compliance with the rules can make you lose your rights completely:

Let’s suppose you (the supplier) want to file Mechanic’s lien against the owner of the development company for rental equipment provided on credit basis. However, you fail to list the proper record owner of the property in the Notice of Contract and Statement of Account recorded with the Registry of Deeds. In such a scenario the court may dismiss the case and render the purported lien as completely faulty and fatally defective resulting in losing your right of security on the owner’s property without the need of the permission of a court. 

This is where we come into the picture. With over thirty years of legal experience and helping numerous subcontractors, suppliers and general contractors benefit from Mechanic’s lien and secure debt recovery, our Massachusetts mechanic’s lien attorneys can provide you with step by step guidance, and assistance in filing Mechanic’s lien in conformance with the law.

Massachusetts Mechanic’s Lien Statute Requires a Written Contract

When it comes to compliance with the Mechanic’s lien law, the first and most crucial requirement is that a written contract must exist between your company and the entity with which you are contracting, whether it is a general contractor, subcontractor or owner This may seem like a simple requirement but in some situations whether a written contract exists is not entirely clear.

In 1997, the legislature amended the Mechanic’s lien statute Mass. General Laws c. 254 and broadened the definition of a written contract. Now a memorandum or writing sufficient to satisfy the Massachusetts statute of frauds can meet the requirement of a written contract for purposes of the statue. The Statute of frauds basically requires a writing signed by the party to be charged. It doesn’t necessarily have to be a physical signature on a piece of paper, but it can also be an acceptance of written terms by an electronic signature sent via email or perhaps even a text message. It need not be a single piece of paper or electronic transmission.

In other words, now that Massachusetts has adopted the UETA (Uniform Electronic Transactions Act), a strong argument exists that a contract is formed when the party accepts a written offer via email and that contract is enforceable under the laws of the Commonwealth of Massachusetts.

Our experienced Mechanic’s lien attorney can review your written and electronic communications to determine whether or not they meet the written contract requirement.

The Massachusetts Mechanic’s Lien Statute Can Be Used by Most People in the Construction Industry Who Add Value to Land Which is Not Movable After Installation.

By law, the following parties, among others in the construction industry can file a Mechanic’s lien:

  • Parties involved in any type of improvement to the real estate like repair, removal, building’s erection or alteration work.
  • Parties responsible for providing and supplying construction work related raw materials, rental equipment and appliances.
  • Labors that rendered services to the construction project.
  • Design professionals like landscape architects, engineers and land surveyors.

Our Massachusetts Mechanic Lien Attorneys Know How to Draft; Record and Most Importantly Enforce Mechanic’s Liens

Upon reviewing your case, we’ll first determine whether or not you’re eligible for the claim. If you are, then we’ll draft and record the following documents:

  • First, we’ll record a statement a notice of contract which puts the world on notice that you have a claim against the project property to the value of the work or materials that you have performed.

Along with the recording of a Notice of Contract, you must also give notice of the notice of contract to the project property owner in order to create a Mechanic’s lien. This is required if you are recording a lien under M.G.L.c. 254 Section 4 and a good idea to do even if you are recording a lien under Section 2 as a general contractor. We will prepare and record (after you have signed) the Notice of Contract and give notice pursuant to the mechanic’ lien statute.

After you have completed your work or have finished supplying materials to the job site, then you must timely file the Statement of Account. This is exactly what it says—a final account of all of the monies that remain unpaid arising from the work that you performed on the project. It cannot include interest, costs and attorney’s fees. This too must be timely recorded. If you are late by a day, your mechanic’s lien goes poof.

That is why you should entrust your mechanic’s liens to the Law Offices of Alan M. Cohen LLC. We know when you have the right to file a lien, where you need to record the lien, how you need to prepare the lien, when you need to file your lien and of equal importance, how to enforce the lien to get you paid.

Suppliers Who Wait Until the Last Minute to Record Mechanic’s Liens May Be Out of Luck in Getting Paid

Mechanic’s lien comes with strict time limits. Therefore, if you don’t properly meet each deadline you will not be able to exercise your right and secure payments through this method, at least.  Don’t mess around with inexpensive online lien preparers when it comes to getting paid for your hard work. You can rely on the experienced mechanic’s lien attorneys at the Law Offices of Alan M. Cohen LLC to cover your six.

So, we suggest you to immediately call us at (508) 620-6900 or email us at acohen@collections-law.com to discuss your case in detail with our experienced mechanic’s lien attorney.

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