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Can a mechanics lien be enforced without any written contract in place?

Recently a contractor volunteered to hang cabinets and provide finishing work "at no cost to you" were his words. He reached out now and then to see how our project was going. When I was ready to have the cabinets hung, I asked him if he was still willing to help us. He said yes. He came to our house and worked four days. When he contacted me on the 5th day to say he had one small thing to do, he then said we owed him $2020 for the work he had done. Not once before or during the time he hung the cabinets did he mention a fee or rate he intended to charge. Only when he was 90% done did he tell us he intended to charge us and the amount. Can he place the lien and can it be enforced without any proof?

1 reply

Aug 19, 2019

Massachusetts is in the minority of states that requires a written contract in order for a valid and enforceable mechanics lien to be filed. Specifically, § 2 of the Massachusetts mechanics lien statute states that lien rights will arise when a written contract is in place between an owner and their contractor. And, when a mechanics lien is filed based on an oral or implied contract (or no contract at all), that lien claim will generally be invalid and unenforceable. Note, though, that even when a mechanics lien might not ultimately be valid or enforceable, a lien claimant can typically still have their lien filed in the public record. Typically, the recorder's office has neither the bandwidth nor the authority to investigate each claim made. However, a Massachusetts property owner may be able to secure a blanket payment bond in order to prevent future lien filings (though, that may be expensive). But, in the event that an improper mechanics lien is filed, an owner will generally be able to challenge and/or bond off a filed mechanics lien. Plus, often, if an owner can show a potential lien claimant that their lien would ultimately be improper (or even fraudulent), the owner might be able to convince the claimant not to pursue the claim. This is especially true when an attorney letter is used, requesting that the claimant stand down. In addition to the information above, I think these resources will be valuable for you: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now? (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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