Legal Question in Construction Law in Massachusetts
file a lien
i am a general contractor and we are owed money for balance on contract and extras that had to be made to get a certificet of occupancy , we where delay in meeting contract dates because 1 owner made changes and there were existing issues with the existing fire system that had to be made and that set us back three weeks over contract ,what can be done to collect on balance owed ?
3 Answers from Attorneys
Re: file a lien
Generally, you can file a "Mechanics' Lien" against the property. Mechanics' liens are complicated and the steps necessary to enforce the lien need to be followed exactly to receive the benefit of the lien. Without knowing all the facts pertaining to your situation, it is difficult to advise you on your options. Feel free to contact me.
Re: file a lien
To collect the balance owed you can hire a debt collection attorney. Generally, depending on the facts, an attorney may handle your claim on a contingency fee basis which means you will not pay legal fees until a successful recovery is obtained.
Mechanic's Liens do have a number of requirements that must be met in order to be enforceable.
Feel free to contact me for a free initial consultation regarding your debt collection claim.
Re: file a lien
Your lien rights depend on whether you had a written contract in place governing the work, and how long ago you last performed contract work on the project and/or when the notice of substantial completion was issued.
Also, did you obtain written extra work orders or approved change orders from the owner (or person in charge of authorizing payment) authorizing the extra work you performed? If the extra work was not specifically authorized, the owner might resist any lien/collection claim on grounds the amounts claimed are not due, even though the extra work was necessitated by owner changes.
Feel free to contact me to discuss the best way to navigate through this familiar situation.