November 2, 2011
On July 1, 2011, design professionals gained the right to file mechanics’ liens on private projects under an amendment to the Massachusetts mechanics’ lien statute.
Key aspects of the changes, primarily reflected in revised General Laws Chapter 254, Sections 2A, 2C and 2D, include:
- Applies to architects, landscape architects, professional engineers, licensed site professionals and land surveyors, or any entity authorized in the state to practice these professions.
- Design professionals, their subcontractors, and design professionals hired by contractors or subcontractors, are permitted to lien an interest in real property for their professional services, which may include programming, planning, surveying, site investigation, analysis, assessment, design, preparation of drawings and specifications and construction administration services
- Like general contractors, subcontractors, suppliers and laborers, design professionals will have to comply with the specific statutory filing requirements to secure their lien rights, although some of these requirements are different for design professionals.
- Liens filed by design professionals have a lower priority than those filed by general contractors, subcontractors, suppliers and laborers in the event of a sale of the interest in real property to satisfy the liens. The statute provides that claims by design professionals will only be paid after payment in full of the other, higher priority lien claims.
Should you have any questions with regard to the above, please contact your attorney or an attorney in our Construction practice group.
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