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Can a friend helping another file mechanic's lien when there was not contract or agreement on value of services?

MassachusettsCash FlowMechanics Lien
Anonymous Contractor

Can a friend file a mechanic's lien when there is no contract? He indicated he is helping for free, but may try to file a ml anyway. There is no paperwork. Can he attach a property just before it is about to be sold? Does he have to give me any notice? If yes, how soon before house closing?? Property is in Massachusetts.

1 reply

Dec 28, 2020

There is a requirement for a written contract in order to record a lien, but that doesn't mean he won't record one anyway. You would have to prove the absence of a contract in order to get it dissolved, which could be difficult. If the friend has a direct contract with you, he does not have to provide notice.

 Sincerely, 

Andrea 

Goldman Law Group 

60 Austin Street, Suite 210                   

Newton, MA
02460
             

T: 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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