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Can contractor file for a lien?

MassachusettsMechanics Lien

Hello. Can a contractor that started a job without contract or any written agreement file for a lien (in MA)? How can a homeowner protect themself? If he does, what does it mean for a homeowner?

3 replies

Apr 15, 2021
Yes. You will need to speak with an attorney about whether or not a legally enforceable "contract" exists. Your question discusses the Mass. state mechanic's lien for builders as a premise, but it actually sounds in contract law. You need to speak with an attorney directly about this as only a full and complete review of the specific detailed facts here can help you. Section 1: Labor performed; limitation on lien; filing Section 1. A person to whom a debt is due for personal labor performed in the erection, alteration, repair or removal of a building or structure upon land or improvement or alteration to real property, by virtue of an agreement with, or by consent of, the owner of such building or structure, or of a person having authority from or rightfully acting for such owner in procuring or furnishing such labor, shall, under the provisions of this chapter, other than section four, have a lien upon such building or structure and upon such interest in such real property, land, building, structure, or improvement owned by the party authorizing or consenting to said work, for not more than thirty days' work actually performed for the ninety days next prior to his filing a statement as provided in section eight.
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Apr 19, 2021
YES. Issue you will have will be whether a contract existed. See below:
 

Section 1: Labor performed; limitation on lien; filing

 

Section 1. A person to whom a debt is due for personal labor performed in the erection, alteration, repair or removal of a building or structure upon land or improvement or alteration to real property, by virtue of an agreement with, or by consent of, the owner of such building or structure, or of a person having authority from or rightfully acting for such owner in procuring or furnishing such labor, shall, under the provisions of this chapter, other than section four, have a lien upon such building or structure and upon such interest in such real property, land, building, structure, or improvement owned by the party authorizing or consenting to said work, for not more than thirty days' work actually performed for the ninety days next prior to his filing a statement as provided in section eight.

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Apr 19, 2021
No. But written scraps of paper can be assembled to be a document.
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