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Do you help prepare contracts?

MassachusettsConstruction ContractMechanics LienNotice of Intent to LienPayment Disputes

We are in a circumstance with a GC who has not paid us. Upon information and belief the GC may be filing for bankruptcy protection. We have no contract with the GC. We have received NOTHING for this job. Outstanding is almost $14,000. Notwithstanding we have no contract, we sent the homeowner and NOI. In response, the homeowner wants us to order the final Electrical Inspection. They are holding back enough money that they can pay us directly. However, do not want to release funds until after inspection. We need to ensure we will get paid immediately after inspection, or have the right to place a mechanics lien. We also belief they may have asked a non-licensed electrician to perform other work since we were last at the worksite. We were last there the end of February. Again, we are a sub-contractor on this job. We should also consider the GC need be a party to the agreement. Among other things, we want to make sure we preserve any rights we may have against the GC. Let me know if you handle this sort of thing, or can recommend someone.

1 reply

Jun 22, 2020
Simply threatening to file a mechanics lien will get the homeowner's attention, so it's good that your Notice of Intent (NOI) at least got the owner's attention here. While you're absolutely entitled to work with the owner on moving forward with the job - know that you aren't legally required to take on additional work or responsibilities just to be paid for the work you've already done. But, when possible, working with an owner will help to facilitate payment. Before having an inspection done, it'd be wise to clear up whether another electrician has been doing work on the job - particularly when you fear an unlicensed party has been working there. It'd be unfair for that contractor's work to result in a failed inspection, creating issues with your payment. So, before moving forward with the inspection, it'd be wise to sort out who else has been doing electrical work on the project and to make sure their work doesn't affect you. Finally, regarding the GC - if you were hired by the GC and the GC failed to pay you what you were owed. claims against them should be available. If you're ultimately paid in full and haven't suffered damage, then a claim might not be appropriate. But, to the extent that you're injured by the GC's actions (or failures to act) - claims against that contractor should be on the table. For help navigating these issues, or for help drawing up a contract with the owner, consulting a Massachusetts construction lawyer would be wise - but that's not a service Levelset provides. You can reach out to the attorneys here about possible representation: Find a Massachusetts Construction Lawyer. Additionally, they could help discerning potential mechanics lien alternatives to secure payment while embracing a relationship with the owner.
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