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Partner and Construction Law Expert | Kenney & Sams, P.C.
About Nathan Cole
I am a trial attorney and experienced construction lawyer with offices in Boston and MetroWest. I concentrate my practice in construction disputes,
construction defect cases (both commercial and residential), business litigation, non-disclosure and non-compete agreements, mechanic liens, employment
disputes, shareholder disputes, insurance disputes, and personal injury cases. I represent both plaintiffs and defendants in litigation and contract negotiations,
claims against insurance brokers, and assist individuals and businesses in a variety of employment, contract, and construction-related disputes.
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Nathan Cole's Recent Answers
Dec 23, 2021
From an Anonymous Contractor
MassachusettsMechanics LienRight to Lien
Partner and Construction Law Expert at Kenney & Sams, P.C.
Where is your sub in the lien process? Has he recorded both the Notice of Contract and Statement of Account with the Registry of Deeds? Has he filed a
Complaint yet against you and the Owner?
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Jan 26, 2023
From Irma Bara-Zapien
Massachusetts
Partner and Construction Law Expert at Kenney & Sams, P.C.
The Massachusetts Mechanic’s Lien Statute, General Laws Chapter
254, Section 4, applies to Subcontractors Liens and sub-subcontractors, which
you appear to be based on your question. A Section 4 lien allows for a personSee More...
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Aug 8, 2022
From Kishor Duwal
MassachusettsForeclosureLien Foreclosure
Partner and Construction Law Expert at Kenney & Sams, P.C.
It is almost always a good idea to perfect the lien pursuant to Mass. G. L. c. 254. It gives the contractor leverage and gets a homeowner’s attention and
forces them to respond. However, you should make sure that your contract for residential renovations complies with the Home Improvement Contractor
Statute, c. 142A. If not, the homeowner could counterclaim against the contractor alleging violations of c. 142A and c. 93A, which could trigger mSee More...
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Nov 22, 2021
From Patrick Doran
MassachusettsLawsuitMechanics LienNotice of Intent to LienPayment DisputesRight to LienSlow Payment
Partner and Construction Law Expert at Kenney & Sams, P.C.
 Patrick--like a lot of questions I'm asked, the answer is "it depends." But you should immediately consult with a construction lawyer in Massachusetts because
the devil is in the details with a lien—and timing is critical as you can lose the protection of a lien if you are late in filing.
  The Massachusetts mechanic's lien statute, Chapter 254, lists exactly who can file a lien, the timing of the lien, and the requirements you need toSee More...
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Apr 19, 2021
From an Anonymous Contractor
Massachusetts
Partner and Construction Law Expert at Kenney & Sams, P.C.
Yes. After recording as Notice of Contract and Statement of Account pursuant to the Massachusetts Lien Statute, Mass. G.L. 254, Section 4 (which is the
portion of the Statute that applies to subcontractors), you must file a complaint or litigation in either Superior Court or District Court in the county where the
property is. You must then record a certified copy of the complaint with the Registry of Deeds and begin the litigation process. The Statute has striSee More...
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