Massachusetts Bond Claim Guide and FAQs

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Massachusetts Bond Claim Overview

Massachusetts

Preliminary Notice Deadlines
None / not applicable.

Massachusetts

Bond Claim Deadlines
Prime contractors cannot file a claim against their own bond.

Massachusetts

Preliminary Notice Deadlines
None / not applicable.

Massachusetts

Bond Claim Deadlines
65 Days

All tiers must bring lawsuit to enforce claim against bond within 1 year of last furnishing labor and/or materials. Those without direct contract with the prime contractor must file a Notice of Claim within 65 days from last furnishing labor and/or materials

Massachusetts

Preliminary Notice Deadlines
20 Days

None, unless furnishing specially fabricated materials. If so, notice must be delivered to the prime contractor within 20 days of receiving the order for the specially fabricated materials.

Massachusetts

Bond Claim Deadlines
65 Days

All tiers must bring lawsuit to enforce claim against bond within 1 year of last furnishing labor and/or materials. Those without direct contract with the prime contractor must file a Notice of Claim within 65 days from last furnishing labor and/or materials.

Massachusetts Bond Claim FAQs

Claim FAQs

What types of projects are covered under Massachusetts’ public bond claim laws?

The Massachusetts public payment bond claim laws cover all construction projects commissioned by the Commonwealth, a county, city, town, district, or other public entity where the total contract value is at least $25,000 or more.

Who is protected under Massachusetts' public bond claim laws?

In Massachusetts, any party who furnishes labor and/or materials to the general contractor or 1st tier subcontractor is explicitly covered, as are trustees of employee benefit trusts. It is unclear if subcontractors on or below the 3rd tier have the right to make a claim against the payment bond. Suppliers to suppliers are not protected.

• Dive deeper: Massachusetts Court Rules Subcontractors Can’t Waive Bond Claim Rights

When is the deadline to file a Massachusetts payment bond claim?

Claimants who did not contract directly with the general contractor are required to send a notice of a claim against the payment bond no later than 65 days after the claimant’s last date of furnishing labor and or materials to the project.

First-tier subcontractors, i.e. those hired by the GC, are not required to send this notice, although it may be a good idea to send one anyway to get the payment issue the proper attention.

What information should be included in a Massachusetts bond claim?

A Massachusetts bond claim is governed by Mass. Gen. Laws ch. 149 §29, and should include the following information:

• Public entity’s name & address

• Claimant’s name & address

• Hiring party’s name & address

• Surety’s name & address (if known)

• Property description

• Description of labor and/or materials furnished

• Amount claimed

Download a free Massachusetts public payment bond claim form here

Who should receive a Massachusetts payment bond claim?

In Massachusetts, only the general contractor is required to receive the claim, however, it may be advisable to send a copy of the claim to the public entity, and the surety (if known).

• See: Tip- Send Your Bond Claim to the Surety to Ensure Maximum Attention

How must a bond claim be sent in Massachusetts?

A Massachusetts public payment bond claim must be sent by registered or certified mail, postage prepaid in an envelope addressed to the contractor principal to any place at which the contractor maintains an office or business; or in any manner in which civil process may be served.

When is the deadline to initiate a suit, or, how long is a Massachusetts bond claim effective?

A lawsuit to enforce a claim against a payment bond must be initiated no later than 1 year after the last date the claimant furnished labor and/or materials to the project.

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Massachusetts Bond Claim Free Forms

Massachusetts Bond Claim Form - free from

Massachusetts Bond Claim Form

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Notice of Intent to Make Bond Claim Form - free from

Notice of Intent to Make Bond Claim Form

A Notice of Intent to Make Bond Claim is not a required document, but it can be a powerful one. By sending this notice, a...

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Massachusetts Bond Claim Statutes

When you perform work on a state construction project in Maryland, and are not paid, you can file a “lien” against the project pursuant to Massachusetts’ Little Miller Act. Since the claim is not against the state or county’s actual property, but instead against a posted bond, the claim is not really called a “lien” but is more frequently referred to as a “bond claim” or “little miller act claim.”

Massachusetts’ Little Miller Act is found in Massachusetts’ General Laws Part I, Title XXI, Chapter 149, Section 29 and is reproduced below. Updated as of September 2021.

Massachusetts Little Miller Act

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