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I have a written contract (email agreement) between myself and property owner ...is that sufficient in Mass for a mechanics lien?

Lien on massachusetts project when the contract is in email form and tex only... The property owner also represented to potential lenders that contract was in place.

2 replies

Aug 26, 2019

In Massachusetts, courts have held that emails can create a written contract - including for the purposes of establishing a mechanics lien - as long as the other conditions for a Massachusetts contract have been met. Generally, taken together, the communications must convey an offer of services and/or materials, the price for that work, and a clear acceptance of the agreement. But, in a specific situation, whether or not a contract has been formed will be heavily dependent on the exact messages exchanged which have allegedly created a contract. So, a physical agreement isn't necessarily required in order for a "written contract" to exist in Massachusetts, but an email and/or text chain purportedly forming a contract would need to fulfil all other requirements for Massachusetts contracts. For an in-depth look at exactly what terms must be included for a contract to be formed, Strang, Scott, Giroux & Young has a great Massachusett-specific article: Do You Have a Contract You Can Lien On?. Ultimately, though, for the most clarity - it'd be helpful to consult a Maryland construction attorney. They'd be able to review all relevant communications and documentation and advise on whether a contract has been formed in your specific circumstances. Plus, Maryland mechanics liens require legal action (a lawsuit) be filed - so an attorney would likely be needed in order to file a lien, anyway. For more information on Massachusetts mechanics liens: (1) Massachusetts Mechanics Lien Guide and FAQs; and (2) How to File a Massachusetts Mechanics Lien – A Practical Guide.

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Dec 3, 2019

It should be. Feel free to give me a call.

Sincerely,

Andrea

Goldman Law Group 60 Austin Street, Suite 210 Newton, MA 02460 T: 617-953-3760 F: 617-321-4191 agoldman@goldmanlg.com www.GoldmanLG.com “Massachusetts Builders Blog” www.buildingconfidence-llc.blogspot.com "Home Contractor vs. Homeowner Blog" www.andreagoldmanlaw.blogspot.com

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