Legal Question in Construction Law in Massachusetts

Re: liens on my home

Liens are tricky. The filer has to jump thru several hoops to adequately preserve and perfect the lien, including filing a Superior Court lawsuit within a short time after filing the Statement of Amount Due. Any mistake in the statutory process is fatal to the validity of the lien. You might ask a lawyer to montior the filings to see if the lien is valid or if the filer makes a mistake, then move for dissolution of by the Superior Court.

If the lien filing is done correctly, then the filer will be forced to file suit against you, in which you could then make a motion to dissolve the lien by proving (if you can) you satisfied all of your obligations and are not to blame for the unpaid subcontractor. If you have signed lien waivers, obtained from the contractor you hired in exchange for each payment you made, that is the best proof. (And such waivers are clearly the best way to proceed on every job to prove you've made full payment and no lower tier liens can possibly be valid.)

What most people don't realize is that once a lien is filed, it stays there on the title whether or not it is legally valid or enforceable; even if it was abandoned by the filer and never pursued. Potential lenders might see it there and be scared away, even if its invalid, until you get rid of the lien by dissolving it or bonding it off, which can be expensive.

Feel free to contact me directly if you would like further assistance dealing with this, which I recommend. I have much experience with the ins and outs of construction mechanics liens.