Legal Question in Constitutional Law in Massachusetts
a subcontractor recorded a mechanics lien on a project and used incorrect "Just and True " accounting figures to make it look like he was owed substantially more money than he was in fact owed. Is there a penalty for that ? ist he lien voidable ? Is the attorney who filed the paperwork responsible to verify the figures ?
2 Answers from Attorneys
You may want to explore whether an improper lien could provide a basis for a consumer protection claim under Chapter 93A. I haven't looked into it in a while, but would be happy to do so for you. You will probably need to retain an attorney anyway if there is a contractor dispute.
An improper amount stated due in lien filing made in good faith does not void the filing itself. On the flip side, lien filings are sworn to under oath and supposed to be supportable in good faith and true. Evidence an improper amount was knowingly claimed as leverage could potentially be a defense to the lien rights themselves, and would certainly be powerful evidence to attack the filer's credibility at trial, which could also result in good things. You may, as suggested, be able to support a 93A claim with good evidence of bad faith or ulterior motive by the filer. Good luck.