I am just trying to make sure I get all the correct lien waivers. The Massachusetts FAQ on this site did not specify for CMs and designers.
1 reply
May 9, 2018
That's a great question, and I'll have to go and clarify that on the Massachusetts FAQs. Massachusetts law does provide for lien filings by design professionals. The Massachusetts lien statute defines a design professional as "an architect, landscape architect, professional engineer, licensed site professional, or land surveyor who is licensed or registered as such in the commonwealth, and any corporation, partnership, limited liability company, or other legal entity that is authorized under the laws of the commonwealth to practice or to hold itself out as practicing any of the foregoing professions." While a construction manager might not be explicitly included by statute, it's important to recall that lien statutes are generally to be broadly construed. Thus, when there's any grey area, it would be wise to assume that the statute will likely provide more protection to a potential lien claimant than less. When collecting lien waivers on Massachusetts projects, it would be wise to obtain a waiver from every party who might be considered a design professional.