Massachusetts

Massachusetts  

Massachusetts Private Projects
Notice Req.
Intent to Lien
Lien Req.
Prime Contractor

A Prime Contractor is required to file a “Notice of Written Contract” in the registry of deeds.

Not Required.

Seek Legal Counsel.

Sub Contractor

The Massachusetts mechanic’s lien law does not distinguish between supplier and subcontractor, it only distinguished between what tier they operate on for the form of the lien paperwork and the maximum value of the lien.  If the supplier has a contract with the general contractor, they are a first-tier subcontractor.  There is no advance notice option.  They simply record the Notice of Contract to start the lien.  On the date the owner is provided a copy of the recorded Notice of Contract, that sets the maximum value of the lien:  a lien cannot exceed the amount due or to become due to the party the supplier contracted with (in this case, the general contractor).

 

If the supplier has a contract with a subcontractor, the supplier is a second tier supplier.  They have the option (but are not required) to mail a Notice of Identification to the general contractor by certified mail within 30 days of starting work to identify they are working on the project.  If the supplier sent the notice, the lien is not limited to the amount due or to become due to the subcontractor the supplier contracted with.  If the Notice of Identification was not sent, a second tier supplier can still assert a mechanic’s lien.  That lien would be limited to the amount due or to become due to the subcontractor that the supplier contracted with.

Not Required.

Seek Legal Counsel.

Suppliers/Other

The Massachusetts mechanic’s lien law does not distinguish between supplier and subcontractor, it only distinguished between what tier they operate on for the form of the lien paperwork and the maximum value of the lien.  If the supplier has a contract with the general contractor, they are a first-tier subcontractor.  There is no advance notice option.  They simply record the Notice of Contract to start the lien.  On the date the owner is provided a copy of the recorded Notice of Contract, that sets the maximum value of the lien:  a lien cannot exceed the amount due or to become due to the party the supplier contracted with (in this case, the general contractor).

 

If the supplier has a contract with a subcontractor, the supplier is a second tier supplier.  They have the option (but are not required) to mail a Notice of Identification to the general contractor by certified mail within 30 days of starting work to identify they are working on the project.  If the supplier sent the notice, the lien is not limited to the amount due or to become due to the subcontractor the supplier contracted with.  If the Notice of Identification was not sent, a second tier supplier can still assert a mechanic’s lien.  That lien would be limited to the amount due or to become due to the subcontractor that the supplier contracted with.

Not Required.

Seek Legal Counsel.

Massachusetts 

Notice of Written Contract, Notice of Substantial Completion, Notice of Termination, Notice of Subcontract, Statement of Lien

 

1. How long do I have to file a claim of lien in Massachusetts?

A prime contractor must record a Notice of Written Contract. Within 60 days after the recording of a Notice of Substantial Completion. 90 days after a Notice of Termination or 90 days after the last labor or material has been furnished by the general contractor. Subcontractors must file a Notice of Subcontract with the times listed above.

File a Notice of Written Contract NOW!

File a Notice of Substantial Completion NOW!

File a Notice of Termination NOW!

File a Notice of Subcontract NOW!

File a Statement of Account NOW!

 

2. Do I have to file any notices before I start work on a property in Massachusetts?

Subcontractors if filing a Notice of Subcontract must give actual notice to the owners. Contractors or individuals providing personal labor are not required to provide actual notice.

File a Notice of Subcontract NOW!

 

3. Who are not protected by the lien rights in the state of Massachusetts?

The suppliers of supplies and sellers of construction tools and equipment.

 

4. How long do I have to file for a lien of foreclosure?

A Statement of Account must be filed within 90 days.

File a Statement of Account NOW!

 

5. Who satisfies the lien when I get paid?

Anyone with interest in the real estate, by purchasing either a Lien Prevention Bond or a Lien Dissolution Bond.

6. What cost can I claim for?

There is no recovery for wrongful use, retention of property, or damages.  Contractors without a written contract who performed personal labor may have lien right. 

Massachusetts State Projects
Notice Requirements
Lien Requirements
Prime Contractor

Not Required

Not Required

Suppliers/Other

Not Required

All sub tiers must bring a lawsuit for enforcement against a claim of bond within 1 year of providing services. If not contracted with the prime, you must file a notice of claim within 65 days from last providing services.

Get Paid Now!Secure your lien rights and get paid on your terms.At SunRay we are interested in the success of your business, as your success is our success!