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Alan Cohen

Understanding The Requirements Of A Mechanic’s Lien

A mechanic’s lien in Massachusetts is a highly useful legal instrument for contractors, subcontractors, workers, and other service providers and materials suppliers contributing in construction, redevelopment, or renovation of a real estate property. This instrument allows these hardworking individuals to get compensated for services rendered and/or materials supplied during a project when the contractor – or the property manager/owner – they agreed to work for, refuses to pay their due compensation. This instrument is a statutory provision for professionals working in the construction industry and is supervised in the Commonwealth of Massachusetts by Chapter 254 of the state’s legislature.

Why Learn about Mechanic’s Liens in Massachusetts?

There are plenty of reasons why every professional – individual or organization – working in the construction industry in Massachusetts should be familiar with mechanic’s liens and its fundamental stipulations for effective application of the allowance. If you work in the construction sector, the following should help you understand the benefits of learning more about Massachusetts mechanic’s liens:

  • It allows you to understand the extent to which the state’s legislature protects your right for due payment for your services and materials.
  • It enables you to fight for your right to receive due compensation in a more effective way than constantly calling the contractor – or property manager – holding back your monies.
  • It helps you in reducing risk, as knowledge of the instrument gives you more confidence in seeking profitable projects.
  • It encourages you to be vigilant with your contracts and ensure you have evidence of work and labor agreement in writing in one medium or another.

For more information on other FAQs about Massachusetts mechanic’s liens, please click here

Conditions for Filing a Mechanic’s Lien in Massachusetts

According to the Commonwealth of Massachusetts, the law provides eligibility rights to file a mechanic’s lien to the following parties:

  1. Professionals – individuals and organizations – who took part in any stage of the real estate’s development/reconstruction, such as repairs, structuring, erection, removal of sections, or alterations in one or more buildings on the property;
  2. Professionals – individuals and organizations – who furnished the property with materials or equipment on a rental basis; and
  3. Professionals – individuals and businesses – who provided general contractor or construction management services on the project.

Other critical requisites of a valid Massachusetts mechanic’s lien include the following:

Evidence of Working Contract in Writing

You must have sufficient evidence in writing to prove you had a contract of labor or sale of supplies with the contractor – or property owner/manager – in charge of the construction/redevelopment project. This evidence could be a formal written agreement or even in spread across mail or electronic correspondence between the contractor – or property owner/manager – and yourself. An experienced mechanic’s lien attorney can review your paper/electronic writings to help determine whether you may file a mechanic’s lien. A credit application alone, may not be enough.

Filing Under the Right Section of C.254 of the M.G.L.

Massachusetts mechanic’s liens are recognized in two different categories. Each of these categories is described in detail in the M.G.L. C.254. Section 2 of chapter 254 discusses the mechanic’s liens filed by general contractors while section 4 of the same distinctly discusses mechanic’s liens that work for subcontractors and sub-subcontractors only.

For more information about differences between Sections 2 and 4 of the M.G.L C.254, please click here.

Contact Us

Our continued success in aggressively pursuing mechanic’s lien cases in Massachusetts as well as our legal services for debt collection have earned the highest rating from Martindale-Hubbell, a neutral peer review and rating agency recognized nationwide.

Contact us for any further information regarding whether you could benefit from a Massachusetts mechanic’s lien by calling us at (508) 620-6900 or sending Attorney Alan M. Cohen an email directly to acohen@collections-law.com.

 

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