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I filed mechanics Lien now what

Massachusetts

I'm a subcontractor. completed the job and have not been paid. I have filed the mechanics lien, is there something else I need to do?

5 replies

Apr 19, 2021
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 strict requirements for filing and enforcement so it is important to speak with a Massachusetts construction lawyer immediately. In many cases, once the Owner and GC receive notice that the subcontractor has “perfected” its lien, they will contact the sub to resolve the unpaid amounts without having to litigate but if not, you will need to go forward with the lawsuit to enforce your right to be paid.
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Apr 19, 2021

It has been recorded at the Middlesex North Registry of deeds in Lowell mass.

I wasn't sure If I should reach out to the Bank since they are the ones that own it and I was hired from Ameritrust to complete the work. They pulled out of Mass and owe several other subcontractors besides me.

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Apr 19, 2021
With this level of detail you should consult a Massachusetts construction lawyer about next steps. Remember, recording the Notice of Contract alone does not mean you have a mechanic’s lien. You must then record the Statement of Account, file the complaint, and record a certified copy of the complaint with the Registry of Deeds to have an enforceable lien. The Statute has timelines that must be complied with so to avoid losing your ability to lien the job, speak with counsel.
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Apr 20, 2021
You also need to send notice of your lien to the owner (I use certified mail). You have to file suit within 90 days of recording your lien. The first question is, are you owed enough money so it is worth filing a lawsuit? Feel free to give me a call to discuss. Sincerely, Andrea Goldman Law Group 60 Austin Street, Suite 210 Newton, MA 02460 617-953-3760 agoldman@goldmanlg.com www.GoldmanLG.com“Massachusetts Builders Blog” www.buildingconfidence-llc.blogspot.com "Home Contractor vs. Homeowner Blog" www.andreagoldmanlaw.blogspot.com
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Apr 21, 2021
You have to file a complaint at court to complete lien.
 
Then you have to file a cert. copy of that complaint back at Registry of deeds
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