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Can a contractor put a lien on property for claiming extra work without a contract in MA?

MassachusettsChange OrdersMechanics LienPayment DisputesRight to Lien

Can a contractor put a lien on property for claiming extra work without a written contract in MA?

3 replies

Jan 20, 2020
Massachusetts is one of only a few states which requires a written contract in order for a contractor to file a mechanics lien. So, if a Massachusetts general contractor performed work without a written contract, a later attempt to lien would likely be invalid and enforceable as a result. Further, even when a written contract is in place, only authorized work will give rise to mechanics lien rights. And, if a contractor has performed additional, unauthorized work - that work generally won't be lienable, even if their original scope of work was memorialized by a written contract. This issue could even come into play with poorly documented change orders that are actually approved: Change Orders and Mechanics Lien Rights. In addition to the above info, these resources might also be valuable: - I Just Received a Notice of Intent to Lien – What Should I Do Now? - A Mechanics Lien Was Filed on My Property – What Do I Do Now? - Massachusetts Mechanics Lien Guide and FAQs
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Feb 3, 2020
Unfortunately that answer is not entirely correct.  You have to have a written contract to record a mechanic's lien, but a contract can even be a series of texts or email if the essential terms are agreed to.  You can lien for disputed change orders even if the change orders are not in writing.  
Sincerely,

 Andrea

Goldman Law Group 60 Austin Street, Suite 210                                                 Newton, MA 02460                                                                  T: 617-953-3760  F: 617-321-4191   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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Feb 3, 2020
As long as a contractor has a written contract with an owner, he/she can lien for extra or change order work.    
Sincerely,

 Andrea

Goldman Law Group 60 Austin Street, Suite 210                                                 Newton, MA 02460                                                                  T: 617-953-3760  F: 617-321-4191   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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