Legal Question in Construction Law in Massachusetts

Re: lien on my house

Without additional facts it is difficult to provide an answer.

Generally, from the limited facts you state, it appears that the subcontractor has filed a "Mechanics Lien" against your property. Mechanic Liens are very technical, but if the necessary steps are followed, you may be responsible for the unpaid amounts.

I suggest you contact an attorney who specializes in construction law. Feel free to contact me if you would like to discuss further.

Re: lien on my house

Apparently the subcontractor filed a mechanics lien against your property to ensure payment for his/her work. However, depending on the specific facts involved, the lien may be legally INvalid and unenforceable as a matter of law. I would need to know more facts from you to tell for sure.

If invalid, you would need to retain an attorney to dissolve the lien in the Superior Court. The lien statute is very tricky and retaining an experienced mechanics lien lawyer is important.

As to the issue that you paid more to the general contractor for the work than originally contemplated, THAT fact, also, might insulate you from the subcontractor, even if his lien is otherwise legally valid. This touches a discreet corner of the mechanics lien statute seldom litigated, and little known. I happen to have tried and prevailed - and won again on appeal - the ONLY Massachusetts case dealing with this specific issue: known as the "due or to become due" defense to otherwise VALID lien claims. Its quite complicated, but if you owed no monies to the general contractor on the original written contract as of the date the subcontractor filed his lien, the lien is ALSO legally unenforceable, and you could probably get it discharged on these remote grounds as well. There can be no lien, as a matter of law, if no amounts were "due or to become due" from you to the contractor at the time of the lien filing.

I have extensive MA mechanics lien experience. Contact me directly if you'd like to know more about the validity of the lien and the potential applicability of the remote "due or to become due" defense.