• Massachusetts Design Professionals May Soon File a Lien for Unpaid Design-Phase Services
  • March 18, 2011 | Author: Joseph A. Barra
  • Law Firm: Robinson & Cole LLP - Boston Office
  • On July 1, 2011, Massachusetts will join the growing ranks of jurisdictions that permit design professionals to file mechanic's liens to secure payment for unpaid design-phase services. Previously, Massachusetts restricted a design professional’s ability to lien a project to unpaid construction administration services, provided that certain very specific conditions were met. The new amendment to the Massachusetts Mechanic's Lien Law, MGL c254, broadly expands the types of services for which a design professional may now assert a lien to include "services that are customarily and legally performed by or under the supervision or responsible control of design professionals in the course of their professional practice." The amendment also provides an illustrative list of the types of services that, come July, will be lienable. They include, without limitation, "programming, planning, surveying, site investigation, analysis, assessment, design, preparation of drawings and specifications and construction administrative services."