I believe that Section 1 of Chapter 254 of Mass. General Law allows for work done under verbal agreement to satisfy the requirement for a lien. Also, I received a partial payment but not the full amount owed. Does that change the situation?
1 reply
Aug 25, 2020
That's not the case. All contractors and subcontractor must have a written contract in order to exercise mechanics lien rights in Massachusetts. This is an absolute requirement. Direct contractors are required to have a written contract under §2, and subcontractor's are required to have one under §4.
As far as partial payment is concerned, that will not affect a claimant's ability to file a lien. Under §1, "... may file a lien to secure the payment of such unpaid amounts..." If there is still an unpaid balance under the terms of the contract, a lien may be filed for that amount.
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