Mechanic’s Lien Unenforceable Due to Statutory Noncompliance

Homeowners were entitled to summary discharge of a mechanic’s lien filed by a contractor that could not produce the original contract referenced in its filing but later produced a nearly identical contract for a different amount, a Superior Court judge has decided.

Case Information:

Atlas Contracting, Inc. v. Saleh, et al.

The Issue: Were homeowners entitles to a summary discharge of a mechanic’s lien filed by a contractor that could not prodcue the original written contract reference in the lien but later produced a nearly identical written contrat for a slightly lower amount?

Decision: Yes (Middlesex Superior Court)

Lawyers:

Aaron H. Huchins of Northborough (plaintiff)
J Nathan Cole of Kenney & Sams, Boston (defense)

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By Eric T. Berkman, Lawyers Weekly Correspondent

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