Legal Question in Construction Law in Massachusetts

Fire Restoration

I hired a local contractor for a major home restoration which included removing and replacing old siding. During the removal, they removed a outside light fixture and let ''hang'' by the wire for days. My house caught fire soon thereafter and cause went back to that fixture. Long story short, he verbally offered to fix fire damage at materials cost. No direct blame was place on him. His Ins and the original electrician's ins took some of the claim. My ins paid the balance. The original project was completed 4-mos late, but I paid him in full. Now he is looking to get full value for the fire restoration (he thinks I received a hefty settlement check from Ins). His last invoice mentioned a Mechanics Lein. If he sues, how can I defend? Also, how can I prevent the lein? The original project included a signed contract. I never received a quote or signed any document committing to pay for the fire restoration.

THANKS


Asked on 3/02/08, 11:18 am

2 Answers from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Fire Restoration

How long ago did he complete the work? If more than 90 days, he has no right to a mechanics lien a matter of law. He may still FILE a mechanics lien, but it would be legally invalid, and you would need to move the court to dissolve it, pursuant to statute.

I recommend you talk to an attorney about this, especially given the potential application of a mechanics lien, which is a very complicated and intricate area of law that must be handled perfectly or you can cause serious problems for yourself. I have significant experience in the area. Feel free to contact me directly for help.

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Answered on 3/03/08, 2:36 pm
Steven Striffler Steven R. Striffler Attorney At Law

Re: Fire Restoration

If you paid the full contract amount, generally, you do not owe any further amounts. Without additional facts it is difficult to discuss further.

If you would like to discuss this further, please give me a call.

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Answered on 3/02/08, 4:28 pm


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