I finished the job and did not get paid

The job is done, the client disappeared and the payment never came. It is one of the hardest situations for anyone who builds: the work is finished, the materials came out of your pocket, and the money sits on the other side of a silence. The good news is that, in Massachusetts, the law gives the contractor a real tool for this. It is called the mechanic's lien, and it turns your right to be paid into a security interest in the property itself.

What the mechanic's lien is

It is a security interest provided for in chapter 254 of the Massachusetts General Laws (MGL c.254). Anyone who supplied labor or materials to a project can record an encumbrance on the land and the building where they worked, at the county Registry of Deeds. That encumbrance stays with the property and creates pressure to pay, because few owners can sell or refinance with a recorded lien.

Who is entitled

The general contractor, who contracts directly with the owner, is entitled to a lien, and so are subcontractors, material suppliers, equipment rental companies and service providers, as long as they work under a written contract. Here is the first trap: for subcontractors and suppliers, the law requires a written contract. No written contract, no lien. The handshake that works on the jobsite does not protect your right in court.

The deadlines that decide everything

The mechanic's lien has three stages, each with its own deadline, counted from the last day you supplied labor or materials (or from formal notices of completion or termination, when they exist). Missing any deadline dissolves the lien automatically:

In short: 90, 120, 90 and 30. These are not suggestions, they are hard deadlines. The contractor who carefully records the actual last day of work is already ahead, because that date starts the entire count.

The rule that catches subcontractors

If you are a subcontractor, there is a critical detail. The amount of your lien cannot exceed what the owner still owes the general contractor at the moment you notify the owner. And if you have no direct contractual relationship with the general contractor (for example, you are a sub of a sub, or a supplier to a sub), your lien is limited, unless you send a Notice of Identification to the general contractor, by certified mail with return receipt, within 30 days of starting your work. This 30-day deadline is one of the most forgotten, and it is exactly what preserves your right when the chain of contracts is long.

What to do in practice

• Always have a written contract, even on small jobs. For subs and suppliers, it is what gives access to the lien.
• Record the actual last day of work or delivery on every job. It is what triggers the deadlines.
• If you are a sub with no direct relationship with the GC, send the Notice of Identification within 30 days, with return receipt.
• Record the Notice of Contract early, as soon as you sign the contract, without waiting for a problem to appear.
• Check the correct county and the correct property description before recording.
• At the first sign of nonpayment, get advice: the deadlines run fast and do not come back.

The mechanic's lien is not a threat, it is structure. It exists so that those who build are not held hostage to the goodwill of those who pay. Using this protection is part of operating as a company in the United States, not as someone hoping the client will be honest.

The lien is language, not aggression

Many contractors hesitate to use the mechanic's lien for fear of "burning" the client. It is the opposite. In the United States, the lien is part of the game, and serious clients know it. It does not accuse anyone of bad faith: it only records that an amount is owed for documented work. In practice, the mere possibility of a lien already changes the behavior of someone who is stalling on payment, because a recorded lien blocks the sale and refinancing of the property.

What really hurts your reputation is not using the law in your favor. It is working without a contract, without records and without tracking deadlines, and then having no way to collect. The lien is the difference between being a professional who knows the rules and a provider who depends on someone else's goodwill to get paid for work already delivered.

What the lien does not solve on its own

It is important to have realistic expectations. The mechanic's lien is a powerful security interest, but it is not a magic payment button. It does not force the owner to pay on the spot: it creates pressure and preserves your right to collect in court within the deadlines. In many cases, the debt is settled by agreement precisely because the lien exists. And, as we saw, it depends on you having done your homework: a written contract, a record of the last day of work and strict compliance with the 90, 120, 90 and 30-day deadlines.

That is why the best protection starts before any problem. A contractor who already operates with contracts, records and date tracking does not need to "chase" the lien in a panic: they simply follow a process that is already in place. Structure turns collection from an emergency into a procedure.

Miriam Matos

Founder of FourRise Consulting. Business owner with direct experience in the construction industry in the United States and creator of the F.O.U.R. Method.