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Filing a lien on my property

Anonymous Contractor

In Mass can a mechanics lien be filed 1 1/2 years after the completion of the work? We had new windows installed and the work was completed in August, 2018. The contractor says we still owe him more money even though we paid what he quoted us. He will not meet with us to resolve this matter. Can he still file a mechanics lien at this time? Does he have to go to court to do so? If he can will I be notified before it would be filed?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,003 reviews

Apr 30, 2020

If the work was completed over a year ago, then the deadline for filing a Massachusetts mechanics lien has passed. Massachusetts mechanics liens must be filed by the earliest of (1) 90 days after a Notice of Substantial Completion was recorded; (2) 120 days after a Notice of Termination was recorded; or (3) 120 days after the claimant last furnished labor or materials to the job. So, it's extremely likely that all of the potential deadline dates have passed. With that being said, it doesn't mean a claimant can't get their lien claim filed. A Massachusetts mechanics lien claimant doesn't need to file a lawsuit to get their lien filed. Rather, a MA mechanics lien is filed in the public record - and it's possible they could record a lien claim even if the deadline has passed. But, that doesn't mean the lien will be valid. Plus, if a claimant files an improper or fraudulent mechanics lien, they could be on the hook for damages and penalties. Typically, notice will be given once the mechanics lien is filed - but prior notice is generally not necessary. If a contractor is improperly threatening a mechanics lien claim, it'd be really useful to have a Massachusetts construction attorney in your corner. They'll be able to review any threats or claims for payment and advise on their validity and how best to counter them. Plus, a demand letter from an attorney that threatens legal action could help force the claimant to stand down. Additionally, these articles should be useful to you: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now?; and (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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