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Can I put a Lien on a single family house that is owned by a trust

MassachusettsRight to Lien
Anonymous Contractor

I supplied the home owner with Standing Seam Metal roof panels and some miscellaneous material for others to install. He is not paying me and I was just supplying the material with no contract. The house is listed under a Trust account. Can I still do a mechanics Lien?

1 reply

Matt Viator
Construction Lawyer
Levelset Admin at Levelset
| 999 reviews
Oct 29, 2018
That's a good question. When a party has furnished labor and/or materials for the construction, alteration, or removal of a structure on Massachusetts land, the work that party performs will give rise to lien rights. However, unless such work was provided via a written agreement, such a lien will likely be considered invalid or unenforceable in Massachusetts. Note, though, that some other document (one that might not be considered a formal written contract) may fulfill the Massachusetts requirement for a written contract, depending on the circumstances. This article appears to be rather helpful when deciding whether or not to file a Massachusetts lien claim: Mechanic’s Liens in Massachusetts – A Guide to Its Requirements and How It Works. Regarding property being residential and held by a trust - Massachusetts does not appear to disallow a mechanics lien based on either of those factors. Finally, it's worth noting that even if lien rights are not available on a given project, there are other options for recovering payment. One of these options may be to send a Notice of Intent to Lien - it acts as a warning and states that, if payment isn't made and made soon, a lien claim will be filed. This article also helps explore other options: Other Options For Recovery.
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