On my final post on mechanic’s liens, I will get back to the initial subject from my first blog post and that is how one goes about actually enforcing mechanic’s lien. As I mentioned previously, there are multiple steps which are necessary to be taken in order to perfect the mechanic’s lien. The final step in the process is to file a law suit. Once you file a law suit, pursuant to the statute, Chapter 254, a homeowner can ask for an expedited hearing on the validity of the mechanic’s lien if the mechanic’s lien was improperly placed on your property or if the mechanic’s lien is invalid for some other reason.
If you are the contractor subcontractor, you must prove your claim. In other words, you must demonstrate that you performed the work for which you seek payment. As is the case in any suit against a homeowner, the homeowner may raise counterclaims that the work was performed in breach of the contract and/or negligently. The homeowner may also claim that the contractor or subcontractor violated the consumer protection statute, Chapter 93A and the home improvement contractor statute, Chatper 142A.
The mechanic’s lien can be a powerful tool, particularly for subcontractors. However, prior to taking any action against a homeowner, a contractor or subcontractor would be well advised to seek the advice of counsel regarding the various pitfalls of suing a homeowner.
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