Legal Question in Construction Law in Massachusetts

Lien question

I hired a contractor who did some work on our house over the past fiew months, and in the process, had two subcontractors (an electrician and a furnace person) work on our property. I am about to pay the final checks to the contractor, and have just learned that he still has not paid the subs, and that one of them is considering filing a lien on my property. What should I do?


Asked on 3/04/08, 5:41 pm

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

Re: Lien question

Do NOT make any additional payments until the contractor you hired furnishes signed mechanics "lien waivers", sigend by all his subs, indicating they have all been paid in full and will not (cannot) then file any liens against the property.

I strongly suggest you get an attorney involved, as you are dealing with complicated legal rights and statutes here, and, under the lien law, any slip-up, no matter how minor, can cause you irreversible damage.

I am a construction lawyer with lots of experience here. Feel free to contact me directly to discuss next steps.

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Answered on 3/04/08, 8:04 pm
Steven Striffler Steven R. Striffler Attorney At Law

Re: Lien question

You should not make anymore payments until your contractor furnishes to you signed "lien waivers" from all his subcontractors and material suppliers. The "Mechanic Lien" law is very complex and time sensitive. I suggest you contact an attorney who specializes in construction law. Feel free to call me if you want to discuss further.

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Answered on 3/04/08, 8:41 pm


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