Mechanics Liens

Experienced Boston Construction Law Attorneys

Bishop & Reidy, is a leading construction law firm serving the payment remedy needs of construction professionals throughout the Boston area. We offer a wide range of collection remedy and assurance services, including placing and removing mechanics liens, addressing surety bond issues, and drafting initial collections and payment correspondence. Attorneys Paul Bishop and John Reidy opened Bishop & Reidy in 2000 on the principle that construction professionals deserved to have responsive, knowledgeable attorneys meeting their legal needs efficiently and cost effectively.

Alternative payment dispute resolutions

Construction nonpayment disputes don't necessarily require measures such as stop-work orders and mechanics liens for satisfactory resolution. The experienced attorneys at Bishop & Reidy can often resolve payment issues by negotiating a demand for direct payment and proposing solutions that meet the needs of all parties. When nonpayment becomes a matter for measures such as mechanics liens and litigation, we resolutely protect our clients' best interests until the matter is completely resolved. We know that a mechanics lien is often the contractor's only chance to receive payment for work performed.

We provide effective payment remedy services such as:

• Mechanics liens, placed and removed
• Surety bonds
• Collection letters
• Arbitration and mediation representation
• Commercial litigation

Technical Issues

Successfully perfecting a mechanics lien depends on meeting a variety of technical requirements and concerns. Success starts with a good understanding of what a mechanics lien is, and what it allows a contractor to do. By definition, a mechanics lien is a claim upon the property to secure priority payment for work performed or materials provided. Mechanics liens date to the early 1800's and are used to prevent property owners from realizing financial gains by selling improved property before paying the contractors in full.

Under Massachusetts law, perfecting a mechanics lien requires that the contractor meets a variety of requirements. The attorneys of Bishop & Reidy will clearly explain the provisions of mechanics liens during an initial consultation.

Some legal considerations about mechanics liens

• A mechanics lien cannot be perfected by any person or business entity that is not defined in the construction contract as a contractor or subcontractor. This includes vendors who may have supplied materials to the contractor or subcontractor.
• In the event the property owner objects to the amount of property claimed in the lien, the court may be called upon to decide the appropriate amount.
• If the contracted work remains uncompleted, the claimant may still perfect a mechanics lien for payment due according to the provisions of the contract.
• A claimant performing work on a single building project under more than one contract may file a single mechanics lien to ensure payment for work completed per the terms of a single contract.
• A claimant performing work more than one building project under more than one project must file individual liens against each applicable property.
• Evidence of indebtedness or collateral given in lieu of payment for work performed does not waive the right of the contractor or subcontractor to perfect a lien against the property owner.
• The general contractor may waive the right to file a mechanics lien in writing. The waiver does not affect the subcontractors, unless signed and filed by the subcontractor.

Contact the construction law offices of Bishop & Reidy to meet with us about mechanics liens and other payment remedies.