For a business or individual on the path to success, legal disputes can present difficult roadblocks. You want to resolve such conflicts efficiently and effectively so that you can continue on your path unimpeded. Our attorneys represent businesses, contractors, construction companies, suppliers and individuals regarding construction liens, bonds, defects, schedule delays, and all other construction-related disputes in Boston and throughout Eastern Massachusetts.
As anyone in the construction industry can tell you, one of the most common construction disputes involves lack of payment, and consequently mechanics liens. If you work in the construction industry, you have an active interest in your rights as a creditor against a business that owes you money for work performed or materials supplied. At the Boston law firm of Rudolph Friedmann LLP, our construction law practice includes representing contractors, subcontractors and materials suppliers in obtaining judgments for payment, filing mechanics liens, and resolving construction payment disputes through mediation, arbitration or litigation.
Take Action Before the Project to Protect Your Payment Rights
Enforcement of mechanics liens requires a written contract between the party owed money and the party it did business with. An exception exists for laborers. Rudolph Friedmann LLP’s Managing Partner, James L. Rudolph, is a past president of the Board of the Massachusetts Associated Builders and Contractors, that organization’s current general counsel, and a recognized expert in construction contract drafting. We can help you plan for contingencies and avoid costly battles, rather than react when things go wrong.
Protect Your Rights: Do Not Miss Deadlines for Construction Collections
Many people and businesses involved in a construction project have the right to place a lien on a construction project in order to get paid. Generally, a lien is a legal encumbrance on real estate that can result in the forced sale of the property to satisfy the project’s creditor’s judgment for payment, unless the creditor is paid what it is owed.
The following parties to a construction project have access to the remedy of a construction lien: general contractors, subcontractors, suppliers, laborers, architects and engineers for on-site administrative services, and construction managers.
Strict timelines exist within which you must file a lien in order to protect your payment rights. A notice of contract, the first step in the process, must be recorded in the Registry of Deeds by the earliest of the following dates:
- 90 days after the last performance of work by anyone claiming under a general contractor
- 60 days after recording a Notice of Substantial Completion
- 90 days after recording a Notice of Termination
If the party that is owed money meets this deadline, the next two steps are to file a Statement of Claim and then the Complaint to enforce the lien.
Do not delay if you are owed money for work on a private or public construction project. Learn how to enforce your payment rights with a construction lien (private construction jobs) or filing a bond claim (public construction projects).
To speak with one of our construction litigation attorneys call Managing Partner Jim Rudolph or Jon Friedmann at 617.723.7700 or contact us online.