Murtha Means More

Tenant's Contractor Entitled to Lien Against Owner's Property

April 20, 2011

By: Andrew G. Wailgum

Under Massachusetts law, it is clear that a contractor hired by a tenant to perform construction work is entitled to a mechanic's lien on the tenant's lease. However, the law in Massachusetts has been less clear as to when a contractor also can have a lien on the property owner's interest in the real property. On April 13, 2011, in a significant decision on this question, the Massachusetts Supreme Judicial Court held that a contractor did have a valid mechanic's lien against the owner's interest in real property despite the fact that the contractor's written contract was with a party other than the property owner.

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