From the category archives: Guest Articles
Since the outbreak of the COVID-19 pandemic, we have seen an increase in reliance on force majeure and other clauses in construction contracts due to delays caused by COVID-19, such as construction shutdowns and social distancing. This has caused construction projects to stop or slow, stopping or slowing payment, and has resulted in an increase in the filing of mechanic’s liens. The Massachusetts Mechanic’s Lien Law, General Law Chapter 234, outlines the procedure for a contractor, subcontractor, material person or design professional to enforce a statutory lien on real property for the payment of money owed on a project by an owner for labor or materials furnished for improvements to the property during the course of construction. Once established, a mechanic’s lien is of significant value, and gives the lienholder the right to foreclose on the property and recover the monies owed by forcing a sale of the property. The Massachusetts Mechanic’s Lien Law is a strict compliance statute. This means that strict ...
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