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Strict Compliance is Necessary for Massachusetts Mechanics Lien

If you’re a construction industry supplier or contractor struggling to recover your bills in Massachusetts, then you might want to exercise your right to file mechanics lien. A mechanics lien is a claim on project property that can help you secure payment for the services rendered as a contractor or materials provided as a supplier.

However, when filing a mechanics lien, it is vital that you work with an experienced collection attorney like debt recovery attorney Alan M. Cohen in Massachusetts so that it doesn’t fail because of the procedural reasons. That’s right; for successful filing of the mechanics lien, conformance with the law is crucial which is only possible if you have an experienced Massachusetts mechanics lien lawyer to guide and assist you. Filing it with no understanding about the procedure or law pertaining to Massachusetts mechanics lien may result in procedural errors thereby costing you the right to benefit from it.

When filing a mechanics lien, you must comply with M. G.L. Ch. 254. Strict compliance with the procedural rules is required for ongoing enforcement of a mechanics lien as mandated by the courts.

Here are the procedural rules that you must comply with:

You shall record a statement signed under the penalties of perjury that give the account of the sum that is due. This notice of contract when you have a contract with the owner should be recorded no later than:

  • Sixty days after filing and recording a notice of completion under G.L.c. 254 Section 2 (A); or
  • Ninety days after filing and recording of the notice of termination under section two B; or
  • Ninety days after filing or recording of the notice of termination; or (iii) ninety days after such person or any person by, through or under him last performed or furnished labor or materials or both labor and materials.

Besides filing of the notice of contract, you must also serve the notice of contract upon the project property owner to create a mechanics lien. You shall also record the sworn statement of account no later than:

  • Ninety days after the filing or recording of the notice of substantial completion under section two A;
  • One hundred and twenty days after the filing or recording of the notice of termination under section two B; or
  • One hundred and twenty days after the last day a person, entitled to enforce a lien under section two or anyone claiming by, through or under him, performed or furnished labor or material or both labor and materials or furnished rental equipment, appliances or tools, file or record in the registry of deeds in the county or district where the land lies a statement, giving a just and true account of the amount due or to become due him, with all just credits, a brief description of the property, and the names of the owners set forth in the notice of contract

Please note that once the statement of account is recorded, you have 90 days to file suit and then another thirty days to make sure to provide an attested copy of your complaint to the Registry of Deeds in order to enforce the mechanics lien. If you don’t file a lawsuit and enforce it within the stated time frame, you will lose your Massachusetts mechanics liens rights. Your rights will be canceled, and the Notice of Contract and Statement of Account will be deemed dissolved as a matter of law.

Contact us today

Call on (508) 620-6900 or email us at acohen@collections-law.com to get in touch with our experienced debt collection attorney. With over 30 years of hands-on experience in filing, perfecting and enforcing mechanics lien in Massachusetts, we can help you file the mechanics lien the right way in compliance with the law to help get you paid.

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