Basically, can a GC out a lien on my property with no contract in MA even though he did some demo work and basement excavation work while I was waiting for his estimate - which came is super high. His invoice came in at $3x as high for the work completed...Read More
I want to be sure we take care of the necessary steps before we ever have to file a Lien notice. From what I have read up on, we need to have a "Notice of Contract" in order to back up a Pirliminary Lien Notice before filing the actual Lien Notice. Is this correct? Would a Signed Job Proposal/Estimate with a Scope of Work and Payment Terms cover us for any of the following steps to cover us getting paid? We only send a Preliminary Lien Notice if a client is paying us accordingly, correct?...Read More
My company is a material supplier. There was a disagreement over the intent of the drawings, approved submittals, and the job site conditions had changed. They expected our firm to make field modifications to the door frames at no additional cost. We had an approved submittal stating what size the frames were to be. We made the modifications, and they back charged our firm for the amount of additional labor required by their firm to install the frames and hardware. We were only a material supplier. We finally agreed after six months to accept a back charge to a least get part of our retainer returned to us. We signed the change order to allow the final retainer to be paid. After the agreement it has been sixty days and we still have not seen the retainer....Read More
Hello,
I am a subcontractor on a job that we completed on 6/15. I have yet to be paid and would like to file a lien, but I'm not sure if I still have lien rights. I did sign a Subcontractor's Conditional Final Waiver of Lien which states that once I am paid in full I will not file a lien. I have still not received my final payment....Read More
I am a Florida registered subcontractor who provided services for an owner/builder in Middleboro, MA. I have filed a Notice of Identification while we were working on site. Our last day on site was 4/13 and we have not been paid. I am looking to file a lien....Read More
Hello, I am a paving subcontractor who has a written contract with the Gen Contractor in the State of Massachusetts. We are owed nearly $65,000.00 for paving work performed during the current construction of a SAI TEMPLE. The property owners of the Temple are currently in dispute with the General because they have paid him for many parts of the project that he hasn’t paid his subcontractors for. We are one of those subs. I have properly begun the filing of a mechanics lien based on my written contract with the General Contractor. I have not yet filed the Complaint but still have some time to perfect the lien. I understand that the lien will go against the actual property where the work was performed and the owners will be named in the lawsuit. My question goes to my rights to file a PERSONAL suit against the General since he not only signed the Contract in his Corporate capacity but also enticed me to do additional work by giving me, on a separately written document, his “personal guarantee” that all monies owed would be paid if I went back to the site to do additional work. He has broken the payment terms of that personal guarantee and there remains the balance of the nearly $65,000.00. I am now being asked by the Temple owners to release the lien so their bank will agree to pay me a portion of the debt owed ($45,000.00). I would still need to get at least $19,000 from the General directly or possibly from the Temple in the future when they are able to occupy the property and raise more donations. Does the mechanic lien that I have started against the property owner attach only to the Temple property? Does perfecting the lien also give me the right to sue the General personally or is that an entirely different lawsuit? If I do not perfect the mechanics lien will I lose all rights to sue the General either against his corporation or personally (because of the written statement that he gave to me)? Since the owners have more money at this moment, I would like to get at least the $45,000.00 from them that they have offered but need desperately to keep secured in my ability to get the remainder from them or from the General somehow. The owners want me to release the lien so the property will not have a lien before their bank will give up the $45,000.00. Not sure the additional personal guarantee that the General Contractor gave to me will help but I expect it should. So, do I sue separately against him personally or will it be part of the Complaint that I file against the Owner of the property and the General Contractor’s Company when I file the Complaint to perfect the mechanic’s lien? Thank you so much for considering my questions....Read More
Work has been completed, we have invoiced and have waited over 60 days for payment, we are not getting any answers other than it will be released once approved by management. It is for a commercial customer and we are the main contractor....Read More
I want to implement strong contracts for our commercial flooring (and residential floor refinishing) business in Massachusetts. Does anyone know where I can get a solid starting point that touches on the various areas that we need to cover?...Read More
Under §2B of the Massachusetts lien statute, a Notice of Termination must be filed by an owner if a party has been terminated prior to the filing or recording of notice of substantial completion. Where would I file this notice? Is there a template or is this just an official notice from my company with letterhead? Also, how does a contractor prove what is owed and what is not when their invoices and contract are not specific. ...Read More
A sub of ours was kicked off the project and he wants to be paid beyond what is owed because of the work he is no longer doing and is going to file a lien. Do I have any options to nullify that lean in short order?...Read More