Unfortunately, contractors, subcontractors, suppliers, architects and engineers get stiffed on their bills every day from either property owners or others who have hired them. The good news is that in Massachusetts these types of businesses and entities have a tool in their arsenal which may assist them in collection efforts which is not available for typical creditors and that is a Mechanic’s lien. Mechanic’s liens are a powerful—but highly technical—tool available to contractors, subcontractors, and suppliers who have not been paid for work performed or materials furnished on a construction project in Massachusetts. Because lien rights are strictly governed by statute, even small missteps can result in the complete loss of lien protection. The attorneys at Goldman & Pease, LLC have extensive experience in this area of the law and are hear to assist.
What Is a Mechanic’s Lien?
A mechanic’s lien is a legal claim against real property that secures payment for labor, services, or materials provided to improve that property. When properly perfected, a lien can encumber the property and may ultimately be enforced through foreclosure.
Who May File a Mechanic’s Lien?
Under Massachusetts law, lien rights may be available to:
- General contractors
- Subcontractors
- Material suppliers
- Design professionals (such as architects and engineers), in certain circumstances
Importantly, lien rights do not arise automatically. They exist only if the statutory requirements are followed precisely.
Key Deadlines and Filing Requirements
Massachusetts mechanic’s lien law is deadline-driven. Among the most critical requirements are:
- Recording a Notice of Contract in the appropriate Registry of Deeds
- Recording a Statement of Account within the statutory timeframe
- Commencing a lawsuit to enforce the lien within the required period
Failure to meet any deadline—or errors in the recorded documents—can invalidate the lien entirely, regardless of whether payment is owed.
Common Pitfalls
Some of the most frequent issues we see include:
- Missing or miscalculating filing deadlines
- Incorrect property descriptions
- Failure to properly identify the contracting parties
- Assuming lien rights exist without a written contract
Because Massachusetts courts strictly construe the mechanic’s lien statute, courts rarely excuse noncompliance.
Why Legal Guidance Matters
While mechanic’s liens can be an effective leverage tool, they can also expose property owners and contractors to significant risk if mishandled. Whether you are seeking to file a lien, defend against one, or resolve a payment dispute, early legal guidance can help protect your rights and avoid costly mistakes.
Need Assistance with a Mechanic’s Lien in Massachusetts?
If you have questions about mechanic’s liens, construction payment disputes, or lien defenses in Massachusetts, we encourage you to contact Goldman & Pease, LLC to discuss your situation and see if we can assist.
