Maverick Construction Management Services, Inc. v. Fidelity & Deposit Co. of Maryland, Inc.

The parties dispute the meaning of language within the mechanic’s lien statute authorizing security for construction subcontractors, G. L. c. 254, § 4, as amended by St. 1996, c. 364, § 5. That provision permits a subcontractor to assert a lien for the value of furnished labor, materials, services, equipment, appliances, or tools up to the amount then or later due from the project owner to the general contractor under the terms of the general contract. A judge of the Superior Court concluded that in this instance the subcontractor could not record a lien of any value because nonperformance by…