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Can I file a mechanics lien after a singed a lien waiver

MassachusettsMechanics Lien

I signed a lien waiver for one contractor, and he was supposed to send the payment but never did. Can I still file the mechanic's lien?

2 replies

Feb 6, 2023

The lien waiver is likely conditional on payment. If you did not get paid, it is not effective. 

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Feb 6, 2023
If you signed after the work was performed its waived, although you could argue it was a different scope, phase of work or area. If you signed before the work was performed the waiver is invalid and you can claim
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