TEN NEW YEAR’S RESOLUTIONS FOR CONTRACTORS-2021

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   As I sit down to write my annual list of resolutions for contractors, I am amazed at how much things changed in 2020. Construction was going well and then, in March 2020, COVID-19 hit. At first, we thought it was going to be a disaster for the construction industry. States, cities and towns shut down projects and many applied for PPP loans. Then, something amazing happened. Construction was considered an essential service and everyone was back to work.  That said, the work world changed: companies were donating their PPE to frontline workers, COVID-19 protocols had to be followed and paperwork had to be filed. Everyone was scrambling to figure out how to comply and keep their businesses going. So, you may or may not ask, what was I, as a construction lawyer doing? I spent March and April thinking about the new risks contractors/construction companies were facing and developing contract clauses to protect the industry. I wrote a number of blog posts with clauses to add to your contra

Ten Common Mistakes When Recording Mechanic's Liens

http://www.constructionlawnews.com/BlogEntry.aspx?_entry=828353a0-931d-4628-a858-0378b5f63284&RSS=true

This post is quite informative but not completely accurate for Massachusetts. It is quite dangerous to wait until the last minute to file a lien, as the article says, because a mistake in filing can be fatal.

In MA, unlicensed contractors can file liens. They just have to have a written contract with the GC or owner.

Suit has to be filed within 90 days after the filing of the lien, and an attested copy of the complaint has to be filed at the registry of deeds within 30 days after filing suit.

I have never heard of a lien being invalidated because the amount owed was "too high."

In any event, this is a good article with important information, particularly with regard to the ownership of the property.

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