Legal Question in Real Estate Law in Massachusetts

The answer to this is likely 'yes' and 'no.' Here's what I mean. Generally there is nothing to prevent a subcontractor from filing papers purporting to claim a mechanics lien to secure payment for performed work. The mere act of filing the papers, however, does not mean the lien is valid and enforceable.

For example, in your case, if the work was truly last performed more than ninety days from the lien filing, you might be able to discharge the filing under the applicable statutory provision, but this could cost time and money to do and success is never guaranteed. This is the misfortune of the lien statute; invalid/unenforceable lien filings must be dealt with, which itself can give the sub leverage in negotiating a settlement.

However, where subs know the filing is invalid but file it anyway, they often simply fail to follow through with the many steps required by statute to "perfect" and enforce the lien, which results in automatic dissolution of the lien under the statute. For example, the statute requires the lien filer to initiate a Superior Court lawsuit within a specified period of time after the filing, which is expensive and often requires the sub to hire counsel to pursue that required case to perfect the lien. If the sub knows the filing can't ultimately be enforced, many simply don't follow through with the lawsuit required (or meet the many other strict requirements), resulting in dissolution of the lien. In the interim, however, the filing appears on the record and, again, can give the sub leverage in negotiating settlement.

I have lots of experience here. Feel free to contact me to discuss further.