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

Who is protected under Massachusetts Bond Claim Laws?

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

When is the deadline to file a Massachusetts Bond Claim?

The claim must be received by the general contractor within 65 days of the claimant’s last furnishing of labor and/or materials to the project.

Who should receive the Massachusetts 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).

When is the deadline to initiate suit, or, how long is my Massachusetts Bond Claim effective?

Suit must be filed within one year after the day on which claimant last performed labor and/or furnished materials to the project.

What must the Massachusetts Bond Claim include?

An accurate statement of the amount claimed and the name of the party to whom labor and/or materials were furnished. It is likely also advisable to include a description of the labor and/or materials provided and to identify the project in some manner.

What are the Lien Waiver Rules?

Massachusetts statutorily mandates that all parties on a construction project use certain legislatively designed construction lien waiver forms. This state is one of only 11 states that requires this. If a contractor or owner asks you to use a lien waiver form that does not conform to the statutory form, the waiver will be invalid, and the contractor could get in legal trouble. See this article: The 11 States with Statutory Lien Waiver Forms.

Also, Massachusetts state law prohibits contractors and suppliers from waiving their right to file a mechanics lien in contract. You can learn more about the prohibition of such “no lien clauses” at this article: Where Can You Waive Your Lien Rights Before Payment?

Can suppliers to suppliers file Bond Claims?

No, suppliers to suppliers likely cannot file a bond claim in Massachusetts.

How must the Massachusetts Bond Claim be sent?

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.

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Massachusetts Bond Claim Free Forms

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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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