Construction Law

Our attorneys regularly handle disputes involving common issues that arise with construction projects, including quality of workmanship, project delays, and payment for services rendered and materials provided. 

Residential contracting projects, which include demolition, renovation, and repairs, are governed by the Massachusetts home improvement contractor statute, Mass. General Laws, chapter 142A.  The statute governs everything from contractor and subcontractor registration to resolution of disputes between homeowners and contractors. Chapter 142A also includes many precise requirements for residential contracting agreements, as well as a lengthy list of prohibited acts by contractors or subcontractors. We find that many contractors are unaware of these provisions, and failure to follow them can unfortunately lead to litigation down the road.

We provide consulting services to home improvement contractors in order to ensure compliance with chapter 142A and prevent disputes from arising in the future.  For contractors who have become involved in disputes with homeowners, we provide legal representation to investigate and defend allegations of wrongdoing. In doing so, we work closely with trusted, experienced construction and property damage appraisal experts. 

We also represent homeowners in seeking and recovering damages from contractors for negligent workmanship, project abandonment, material misrepresentations, and other violations of chapter 142A. The statute provides homeowners with several options for resolution of such disputes. We use our expertise to guide our clients in selecting and pursuing the best avenue. 

Mechanics’ Liens

The Massachusetts mechanic’s lien statute, Massachusetts General Laws, chapter 254, is meant to provide a streamlined system under which contractors, subcontractors, and vendors can be paid for labor and materials provided on a home improvement project. In practice, however, the perfection of a mechanic’s lien is a multi-step process, with strict timing and procedural requirements. Failure to follow chapter 254 to the letter often results in dissolution of a mechanic’s lien, making recovery a more difficult and drawn-out process. For contractors, subcontractors, and materials vendors, our office provides assistance with creating and perfecting mechanics’ liens, from start to finish. 

From the homeowner’s perspective, mechanics’ liens present a major problem, since they act as a cloud on title, preventing the refinance or sale of the property. In some cases, a mechanic’s lien may be asserted due to no fault of the homeowner. This scenario most commonly arises when a contractor (who has been paid in full) has failed to pay a subcontractor or materials vendor. This may give the unpaid party the right to assert a mechanic’s lien against the homeowner’s property. In these situations, our attorneys work closely with homeowners to either settle such claims or, where appropriate, obtain judicial intervention to dissolve deficient mechanic’s liens.