Did you know?

CHALLENGES TO SECURING PAYMENT
FOR SUPPLIERS AND SUBCONTRACTORS

Did you know that recent changes to the Homestead Act and decisions relating to the Mechanics Lien Statute make it more difficult for Subcontractors and Suppliers to secure payment on private projects?

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Collections

Collections law is a narrow part of civil litigation and Mirageas Law prides itself on detailed knowledge of the substantive law, artful and aggressive motion practice, cost-effective but thorough discovery, and outstanding results at trial.  We compete to win every day.

There are certain remedies available for contractors to collect payment on public projects; the payment bond statute, M.G.L. Chapter 149, Section 29, specifically allows subcontractors and suppliers to collect attorney’s fees after being successful in court on a claim for a payment bond. On private construction projects, the mechanics lien law is available to secure payment under M.G.L. Chapter 254 since the payment bond statute is limited to public projects. The prompt payment law went into affect November 2010 and is designed to assist contractors getting paid on medium-to-large private projects.

There are other tools available for collection which is not limited to the area of construction.  These tools allow for pre-judgment security which can hasten the resolution of a case; trustee process, real or personal property attachment, reach and apply actions.

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