Massachusetts Account Stated for Construction Work

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Multi-State
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US-0160BG
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Description

An account stated is a statement between a creditor and a debtor based upon a series of prior transactions. Hence, an account stated arises when a particular amount is owed to the creditor by the debtor as of a certain date. An account stated refers to either an agreement itself or to the assent giving rise to the agreement. The agreement to pay the balance amount can be either express or implied. When the agreement to pay is in the nature of a computation, then it is called account stated.
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Construction Defect Law and the 'Right to Cure' Statute of LimitationsRight to CureMassachusetts6 years for contracts3 years for tortsNoMichigan6 years for contracts3 years for torts1 year for injury resulting from gross negligenceNoMinnesota2 years from discovery of injury for contracts or tortsNo48 more rows

By law, the contractor cannot collect more than 1/3 of the cost of the contract in advance, unless special order materials are needed.

Under California Civil Code 8400 ? 8494, a property owner can petition the court for a release order, releasing a California mechanics lien from the property. In order to make a petition, the property owner must give the lien claimant 10 days notice, giving them time to release the lien voluntarily.

On private projects, Massachusetts Prompt Pay law requires property owners to make progress payments to Prime Contractors within 45 days after approval of invoice. The invoice must be approved or denied within 15 days.

A form of statement of account for a Massachusetts laborer, contractor, subcontractor, design professional, or subcontractor of a design professional asserting a mechanic's lien that provides an accounting of the amount due at the time the claimant records the statement.

Contractors, subcontractors, laborers, and material suppliers can file what is called a "mechanics lien" on a homeowner's property if they don't get paid. Property owners need to be aware of the process so they can avoid financial and legal pitfalls.

Laws, cases and web sources on mechanics' lien law. A builder, contractor, or subcontractor can record a mechanic's lien at a Registry of Deeds on property (not automobiles) for which they have supplied labor and/or materials in order to secure payment for their work.

NOTICE OF RIGHT TO LIEN Your first step in protecting your lien rights is typically to serve notice of your right to file a mechanic's lien, often referred to as the ?Preliminary Notice?. It must be served on the owner and the general contractor. Unless you are working directly for the general contractor.

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Massachusetts Account Stated for Construction Work