Subcontractors, whether here in Massachusetts or elsewhere, expect to be paid for the work they do. When that does not happen, one of their legal remedies is to file a mechanic’s lien. However, if it does not meet the requirements of current construction law and errors are made, it might not have the desired result.
Failing to meet with the requirements outlined in Massachusetts law could prevent a subcontractor from receiving payment. This includes providing a preliminary notice to the appropriate parties within the time frame specified in the law. Missing a deadline will certainly cause a problem in getting a claim filed. It must include the right information as well.
In some cases, even putting the right information in the wrong place could result in the claim being invalid. Even typographical errors might count. More likely, however, the critical information errors invalidate a claim such as an incorrect legal description of the property in question.
Another possible error is misidentifying the subcontractor. The business’s correct legal name must be included. Sole proprietors need to correctly identify themselves as well.
If the state requires you to have a license in order to do your work, and you do not have one, then you will not be allowed to file a mechanic’s lien. Moreover, the filing of a mechanic’s lien only applies to private contracts. Attempting to file one in relation to a public project could be ruled invalid.
Obviously, following the requirements set forth in the state’s construction law is crucial if a subcontractor wants to get paid. In order to make sure everything is done correctly, a subcontractor would benefit from taking the time to scrutinize the state’s requirements and make sure they are followed to the letter. It could expedite the process and the payment.
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