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Is a contract required to place a mechanics lien on a property?

MassachusettsRight to Lien

Can someone put a mechanics Lien on without a written contract on additional work in MA?

2 replies

Jan 3, 2020
Generally speaking, in the state of Massachusetts, anyone who wishes to file a mechanics lien must have a written contract in connection with the project work. This is a bright line rule for any potential claimants. For more information, you may find these resources helpful: However, given the information you've provided, this answer might not be as clear cut. The question indicates that the "additional work" was performed without a written contract. If the additional work was agreed upon as an oral change order to the initial contract, this might be a different story as written contracts can be modified by oral agreements. Yet, without written approval of the change order, this may be difficult to prove regardless. If this is the case, you may want to contact a local attorney for more guidance; a good place to start would be the MA Bar Association Lawyer Referral Service, or Avvo.com.
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Jan 3, 2020
If you have an original written contract, you would not need another one to record a lien in MA for change order work.  
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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