Legal Question in Construction Law in Massachusetts

Re: mechanics liens

A builder does not need to have lien rights asserted in the original contract.

You should speak with an attorney, as there are specific rules and time frames that the builder must adhere to, and there are penalties available to the homeowner if builder does not follow them.

Re: mechanics liens

You have mechanics lien rights (or not) as a matter of Massachusetts statutory law if you worked pursuant to a written contract. the contract need not contain any reference to mechanics lien rights. However, the mechanics lien statute is a notorious mine field, rife with traps for the unwary. Any missteps in the complex, time-sensitive multi-level process can invalidate the lien for good. Consulting an experiecned attorney is strongly suggested.

Feel free to contact me directly regarding these issues, in which I have significant experience (and have successfully tried multiple lien cases for contractors).