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what name should the lien be in?

MassachusettsMechanics Lien
Anonymous Contractor

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?

2 replies

Matt Viator
Construction Lawyer
Levelset Admin at Levelset
| 1,003 reviews
Sep 4, 2019
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.
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Andrea Goldman
Construction Lawyer
Founding Partner at Goldman Law Group
| 14 reviews
Dec 3, 2019
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 www.GoldmanLG.com “Massachusetts Builders Blog” www.buildingconfidence-llc.blogspot.com "Home Contractor vs. Homeowner Blog"  www.andreagoldmanlaw.blogspot.com
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