Under Massachusetts law, a contractor, sub-contractor, and/or supplier who has provided services and/or materials for the improvement of materials may secure their right to payment by recording a Mechanic’s Lien. Unfortunately, due to the strict procedural requirements of the Massachusetts Mechanic’s Lien statutes many contractors don’t take advantage of its benefits.
The Massachusetts law governing Mechanics Liens can be very complex however there are so basic principles to remember. The most important element necessary to obtain a Mechanic’s Lien in Massachusetts is that in order for a Mechanic’s Lien to be enforceable it is required to have a written contract, or at least sufficient written evidence that a contract exists.
Another important requirement to remember when determining whether or not a Mechanic’s Lien is a possibility is, understanding who meets the criteria to be eligible to file a Mechanic’s Lien. An important distinction that is made in the Massachusetts Mechanic’s Lien statute is that the liens can be filed only by a person who provides an improvement to for example work done by roofers, fencers, pavers, and carpenters. The determination of whether or not the work is an improvement to is subject to interpretation.
Massachusetts Mechanic’s Lien require the adherence to strict filing deadlines which require for example that the notice of contract be recorded and served upon the owner by the earliest of 60 days after filing a notice of completion, 90 days after filing a notice of termination, or 90 days after the contractor last provided materials or labor. Even this requirement gets extremely confusing to understand which is why Mechanic’s Liens so difficult to navigate without a good understanding of the laws.
To learn more about this Massachusetts Mechanic’s Liens join us for a free seminar on September 11th, 2014. Register by contacting seminar@www.wynnandwynn.com or calling 1.800.852.5211. To speak to an attorney about your specific issues click here to request a consultation or call 1.800.852.5211.
