Can I file a mechanics lien for material specially fabricated for a residence, if notice of identification was sent to GC ?

Asked over 1 year ago - Boston, MA

My company ordered customized limestone for a private residence in MA. The stone was fabricated in Germany and was ordered by subcontractor. The terms were 50% deposit, which was received and the balance prior to release. The terms were FOB Edison, NJ = location of the warehouse where the stone has been shipped. Subcontractor is not paying the balance of the stone. Notice of identification has been sent to GC. After researching the internet I found out, that it must be necessary for customized products, which were not installed have to be reported with the property owner within 20 days. Does this mean I can not file a mechanics lien?

Attorney answers (3)

  1. Christopher Joseph Fein

    Contributor Level 12

    1

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    Answered . This is a specially manufactured good and you may have recourse beyond filing a mechanics lien for damage you suffer as a result of the rejection of a specially manufactured good under the UCC. There are very strict procedures to follow to remain eligible for recovery. Speak with an attorney as soon as you can.

    Chris

    The content of this message does not constitute legal advice and is not intended to be relied upon by anyone. It... more
  2. Christopher Strang

    Pro

    Contributor Level 3

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    Lawyer agrees

    Answered . There is no such 20 day requirement in the mechanic's lien law. You may have lien rights, but there are several factors that go into determining that. You should contact a MA construction law attorney for more details, and soon. The deadline to file a lien is short.

  3. Steven Robert Striffler

    Contributor Level 4

    Answered . Massachusetts liens laws are very strict. If you are eligible to assert lien rights you must comply timely. Whether the project is public or private my affect the your rights. You do not state enough facts to answer your question. You should consult a construction lawyer promptly to ascertain your rights.

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