Legal Question in Construction Law in Massachusetts

Re: Different Lien Question

This is one approach to this aituation. You might also consider having both primary contractor and sub contractor sign a legal release (call your local county law library and speak with a reference lbrarian, releasing you from all claimes in return for your issuing:

1. A check made out to both of them as "Joint Payees" (as "Payment In Full" for the labor and materials provided to you on this job);

or

2. Separate checks made payable to each contractor for the exact sums due him(as "Payment In Full" for the labor and materials provided to you on this job).

In any case, a signed release will help end your financial liability to both contractors for the work done.

IMPORTANT: Be sure to get signed lien releases (often called mechanics liens) from both contractors (along with signed releases)to ensure that there are no contractors or material men's liens on the house, after theses contractors are paid in full. (A contractors' book store may have general mechanic's lien release forms).

Re: Different Lien Question

I suggest that you have the general contractor obtain a mechanics lien release from the subcontractor before making the final payment. I also suggest that you have the general contractor provide to you a mechanics lien release for his work before final payment.

If you need assistance feel free to contact me.