What Happens If a Mechanic’s Lien Is Not Filed Correctly?
You did the work. You haven’t been paid. Now what?
If you’re relying on a mechanic’s lien to protect your business, you better make sure it’s done right. Because here’s the truth:
If you mess it up, even slightly, you might lose your only shot at getting paid.
Missed the Deadline? You May Be Out of Luck
Mechanic’s lien law in Massachusetts is packed with deadlines.
- File your Notice of Contract too late? Lien = invalid.
- Skip the Statement of Account? Lien = invalid.
- Don’t file your lawsuit on time? You guessed it—invalid.
These aren’t just technicalities. Miss one step, and you lose your lien rights altogether. That means you get paid last, if there’s even money left.
No Written Contract? That’s a Problem
Mechanic’s lien law requires a written contract. Period. Verbal agreements won’t cut it, even if you trust the client. Even if they already paid part.
And don’t forget those change orders. If they’re not in writing, the court might not recognize them.
It can feel frustrating. But the law is crystal clear on this point.
Do I Really Have to File a Lawsuit?
Yes. Filing a lien at the Registry of Deeds isn’t the end of the process, rather, it’s just the beginning.
You must also file a lawsuit to enforce the lien before the clock runs out. If you miss this deadline, your lien evaporates.
Also, if your business is a corporation or LLC, Massachusetts law requires you to have an attorney represent you in court. You can’t appear on your own behalf.
Can I Get My Legal Fees Back?
Sometimes, yes.
If your contract is written properly and includes a clause for attorney’s fees, the court may order reimbursement. But only if you’ve done everything else right. Every filing, every deadline, every document.
This is where having legal guidance pays off.
Don’t Let Paperwork Cost You Thousands
Mechanic’s liens are powerful. They can secure your right to get paid before other creditors. But only if they’re filed perfectly.
One misstep? One missed document? You lose your lien rights.
And without that leverage, you’re chasing payment with no backup.
Get It Right the First Time
This process is complicated for a reason. But it doesn’t have to be confusing.
Let us help.
Contact Laura Brown.
We’ll walk you through the mechanic’s lien process step by step and make sure your rights are protected.