Subcontractor Mechanics Lien

QUESTION:

I am a subcontractor who has not been paid for my work. Can I place a lien on the homeowner’s property?

ANSWER:

In Massachusetts subcontractors can establish a mechanic’s lien on the property where they provided services. In my experience as a construction attorney it is very important that the lien paperwork be filed timely and that the proper form is followed. I have seen court’s dissolve a lien for failure of the contractor to include the “date” of the contract on the lien paperwork!

Establishing and enforcing a mechanic’s lien in MA is a multi-step process:

First, if your work is done pursuant to a contract, our office will have to record (at the registry of deeds) a “Notice of Contract.”

Second, our office would later record a document known as the “Statement of Amount Due.”

Third, you would have to commence an action in court to enforce your lien within 90 days of recording the “Statement of Amount Due.” In many cases the lien is paid before the need for starting litigation arises.

The law that governs mechanic’s liens in MA is Chapter 254 of the Massachusetts General Laws. This statute provides very specific and strict deadlines for filing each of the above-mentioned documents. Therefore, it is very important for you contact our firm as soon as possible if you wish to pursue filing a mechanic’s lien in Massachusetts.

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