Recovered excellent mediation settlement for home improvement contractor who performed significant emergency tear-down and removal work of home destroyed by fire. The home was under-insured and heavily encumbered by mortgages, putting client at substantial risk of receiving little to no payment. Upon receiving case, we immediately investigated title and filed a Mechanic’s Lien under M.G.L 254 with the Essex Registry of Deeds, to secure the debt and prevent a sale or transfer of the subject property. We conducted a thorough investigation, contacting the property insurer and public adjuster for the homeowner to get a clear picture of available means to satisfy the debt. We further leveraged the client’s position by quickly filing a Verified Complaint with counts for Breach of Contract, Quantum Meruit, and Mechanic’s Lien. We additionally filed a Motion to Form a Constructive Trust on a Short Order of Notice, ultimately obtaining an order from Essex Superior Court to freeze the remaining insurance proceeds pending resolution of the case. With a lien in place and the insurance proceeds frozen, we had a very favorable position and proceeded to mediation, where the Defendant agreed to pay 95% of the amount invoiced.
Attorney Cameron Pease will be speaking at the MCLE’s Trial Advocacy Workshop 2021 on July 19, 2021. Attorney Pease will participate in six intense days of personalized and comprehensive training to provide attorneys with fundamental courtroom skills with several