what name should the lien be in?

10 months ago

The names that appear on the contract are an unregistered DBA and individual name of GC. Should the lien be in the individual name of the GC?

Senior Legal Associate Levelset
414 reviews

When in doubt, it might be helpful to include both the name on the contract and the name of the GC, themselves, if the GC’s name is also on the contract as the name of the hiring party. § 4 of the Massachusetts mechanics lien statute, which creates the template for a Notice of Contract filing in the state, simply asks for the names of the parties between whom the contract was made and does not specify exactly which name should be present.

Further, § 8 sets out the requirements of the Statement of Account/ Statement of Amount Due filing, and that section is also silent about how a business’ name should be listed. So, the safest route there is likely also to include the name or names that are included in the contract. And, if there’s reason to believe the business name in the contract also goes by some other name, including that additional business name might be helpful, too.

For more information about Massachusetts mechanics liens, here’s a great resource: Massachusetts Mechanics Lien Guide and FAQs.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
Founding Partner Goldman Law Group
5 reviews

Feel free to call me.

 

Sincerely,


 Andrea

Goldman Law Group
60 Austin Street, Suite 210                                                
Newton, MA 02460                                                                

 T: 617-953-3760

 F: 617-321-4191  

agoldman@goldmanlg.com

http://www.GoldmanLG.com

“Massachusetts Builders Blog” http://www.buildingconfidence-llc.blogspot.com

“Home Contractor vs. Homeowner Blog”  http://www.andreagoldmanlaw.blogspot.com

Your answer or comment:
Are you a Registered Expert?
You are not logged in and will be posting
anonymously. Log in Now
Get answers from construction attorneys and payment experts
120 Character Limit