Our sole duty is to take state law as we find it, not build on it. Nor would we be tempted to build. There is sound public policy in recognizing a difference when there is a surety in the picture. Traditionally sureties compelled to pay debts for their principal have been deemed entitled to reimbursement. If they were not, there would be few sureties.
Individual subcontractors can seek mechanics liens.
Mass. Gen. L. c. 254. End Of Decision.