Im a subcontractor working on a residential property for the past 3 years. They owe me $14600 from the frame of this house and they have been stringing me along forever saying they will pay me when the occupancy permit is complete which is not even my responsibility all other contractors have been paid but me i just dont want to get screwed
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 to meet to file a lien as a subcontractor.
Under Chapter 254, any party who furnishes labor or materials to the construction, alteration, repair, or removal of a structure on land, or the land itself is entitled to file a mechanic's lien. This includes GCs, subs, professional services providers, and providers of material/rental equipment. First thing you must have, however, is a written contract to furnish labor or materials--no written contract means you cannot file a lien. What
constitutes a "written contract" under Massachusetts law, however, may surprise you: emails, texts, a traditional contract, writings on the back of an envelope, could be enough if together the writings satisfy the material terms of a contract.
A contractor then has the right to record a "Notice of Contract" at the registry for the county where the Property is located no later than the earliest of: (i) 60 days after recording a notice of substantial completion, or (ii) 90 days after recording a notice of termination, or (iii) 90 days after last performing work at the project.
Once you file the Notice of Contract, the next step is to record a “Statement of Account” that lists the amount owed by the earliest of: (i) 90 days after filing the notice of substantial completion, or (ii) 120 days after recording a notice of termination, or (iii) 120 days after last performing work at the project.
Please note that the Notice of Contract and Statement of Account are very strictly construed by Massachusetts courts. If you deviate from the statutory requirements or language you can easily have your lien “dissolved” or dismissed by a court. While you may still have a claim against the owner or GC for breach of contract, you lose the strong leverage of a lien.
You also need to send notice of your line to the owner (I like to use regular and certified mail).
Lastly, to “perfect” or finalize your lien, you must file a lawsuit within 90 days of recording the “Statement of Account.” This happens by taking a certified copy of the complaint that you filed in court and recording it with the registry of deeds within 30 days of the start of the lawsuit.
I highly recommend you speak with a lawyer who specializes in mechanic’s liens and construction law as there are many pitfalls when it comes to the lien process.
Happy to chat if you have questions. I can be reached at jncole@KSlegal.com or 508-490-8500.