A mechanic lien allows a contractor to “secure” a debt owed to them by placing a lien to real estate; in theory this is similar to how a mortgage allows a bank to “secure” a loan debit. The Massachusetts mechanic’s lien laws essentially offer general contractors a means of collecting payment for labor and/or materials in cases where they have not been paid by the property owner or leasee. Also, in Massachusetts subcontractor can place mechanic’s liens on real estate as well.
To establish and ultimately enforce a mechanic’s lien there are multiple steps and documents that must be prepared. When the construction work is done and there is a written contract, a document called a “Notice of Contract” most be prepared and record at the registry of deeds. Later in the process a document called the “Statement of Amount Due,” which includes an accounting of the monies paid and owed is recorded at the registry of deeds. Lastly, once all the proper paperwork is timely recorded at the registry the contractor must file a complaint against the parties who owed them money to enforce the mechanic’s lien. Its important to note that each step of the mechanic’s lien process is subject to strict and precise deadlines.
Once the mechanic’s lien enforcement lawsuit is commenced the case can be litigated along with other claims. The contractor lien holder, if they do not receive payment, can foreclose the lien and force the sale of the property to recover their money.
The intricacies of the Massachusetts mechanic’s lien law often require the retention of a mechanic’s lien litigation attorney. Calabrese Law Associates has handle numerous mechanic’s lien matters for contractors and property owners alike in Boston and the Greater Boston Area. The firm’s construction attorneys are experienced in filing mechanic’s liens and litigation mechanic’s liens in Boston and throughout Massachusetts. Whether you are a contractor, supplier or the owner of the property, you can benefit from consulting with the top-notch construction litigation lawyers as Calabrese Law Associates.
Why Consult a Mechanic’s Lien Litigation Lawyer about Your Boston-Area Case?
While the basic concept of a “mechanic’s lien” is relatively straightforward, Massachusetts law also includes complexities that demand in-depth knowledge to be addressed properly. For instance:
- A 2011 mechanic’s lien law extended lien rights to include design professionals, such as architects and land surveyors.
- A 2003 Massachusetts Court decision ruled that claims could not include lawyers’ fees.
- A 1999 Massachusetts case established that work proposals need to include a certain degree of detail to qualify as contracts.
Without knowledge of these past precedents and other details, it can be difficult to know how to proceed with a mechanic’s lien case on your own. When you consult with Calabrese Law Associates lawyers, the firm will advise you on all technical matters that you should be aware of and can explore an out-of-court settlement, which will save you the time and expense of litigation.