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Is it good idea to enforce lien?

I am restoration contractor who did emergency mitigation for the homeowner. We have all the documents signed along with the photos. We billed his insurance company but the insurance company sent a check to the mortgage company. The homeowner who hired and signed the documents is not answering the call now. We have already filed a lien on the property for $11000 and just sending the levelset documents for lien enforcement. How should I proceed with this situation?

4 replies

Aug 8, 2022

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 multiple damages and the contractor having to pay the homeowner’s legal fees. So, while liens give contractors tremendous leverage, you should consult with a Massachusetts construction attorney first. Good luck and we are always happy to help contractors with these issues.

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Aug 9, 2022

Unless your contract allows for attorney's fees if you have to collect against a client, you would be better off suing in small claims court on your own. You will have to pay an attorney to enforce your lien, and it will cost at least a third of any amount you recover. The small claims limit is $7000.00, so it is better to just file suit there. I would also contact the insurance company and let them know you haven't gotten paid.

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Aug 10, 2022

Enforcing the lien now requires a lawsuit.

Has the mortgage lender been asked for the insurance payment?

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