Legal Question in Construction Law in Massachusetts

Re: swimming pool work

When was the work last performed (contract work, however, NOT warranty work or punchlist items)? If less than 90 days, and you worked under a written contract, you can file a mechanics lien.

If last (contract) work was more than 90 days, you can file a lawsuit to recover the amounts due.

The owner will likely claim that certain work was deficient, unfinished, etc, to justify the failure to pay (and maybe even bring counterclaims), so you would definately be best served hiring a lawyer, who could conduct discovery in the case to flesh out the merits of your claims for payment, and the strength (or weakness) of the owner's defenses for the failure to pay. Then you could reach a settlement or go to trial.

Generally speaking, claims for payment for work already performed (and, arguably accepted by the owner), are relatively strong and have good jury appeal. Juries like to see that those who perform work on promises to pay, actually get paid, especially where, as is probably the case here, the owner is using the pool and enjoying the benefit of your hard work. (Think of the picture you could paint for a jury: of THIS defendant, floating around his beautiful new pool on a hot summer day, sipping a cold drink, while you have to chase him all the way to trial to get him to actrually PAY for the ppol work...)

If you prevail after trial, interest would be awarded on the amounts deemed due, which would probably begin running from the date of first demand for payment of the unpaid amounts, or, at latest, the initiation of your claim now for payment for the work. The interest rate, by statute, is an incredible 12%, a tremendously favorable interest rate these days that tends to add up very quickly.

I represent several contractors, and very often deal with cases like this, often on very large construction projects, public and private. I am quite familiar with the unique legal issues construction disputes present, the construction process itself, the nature of specific work scope, and the the usual defenses to payment of construction claims, etc. This familiarity is very helpful, probably essential, because only when you truly understand what the dispute is about, can you determine whose claims are strong and whose are weak.

I've long represented Testa Construction, and their related entities, all of which are major site work contractors on the Big Dig, as well as several other local construction contractors of various kinds and trades.

Let me know if I can help.