Massachusetts Mechanics Lien Requirements
Massachusetts law sets forth specific requirements that unpaid construction parties must follow in order to file a mechanics lien claim.
Lien rights
Project participants that furnish labor and or materials to the construction, alteration, repair, or removal of a structure on land, or the land itself are generally entitled to Massachusetts mechanics lien protection. This includes general contractors, subcontractors, professional services, and parties providing material or rental equipment.
Suppliers to suppliers and parties more remote than sub-subcontractors (sub-sub-subcontractors and suppliers to sub-subs) do not have mechanics lien rights.
Notice requirements
In order to qualify to file a mechanics lien in Massachusetts, certain parties must send a preliminary notice.
Any party that did not contract directly with the GC or property owner must provide a Notice of Identification. They must send the notice within 30 days of first providing labor and services on a project. Failure to give the notice limits the party’s lien claim to the amount due to the 1st tier subcontractor at the time the lien claimant files the Notice of Contract.
Filing deadlines
Massachusetts mechanics liens require two filings:
- Notice of Contract (or Subcontract)
- Statement of Account.
The two parts of the Massachusetts mechanics lien have different deadlines. The Notice of Contract (or Subcontract) must be recorded be the earlier of 3 dates:
- 60 days after filing of Notice of Completion
- 90 days after filing notice of termination
- 90 days after last furnishing labor and/or materials to the project.
The Statement of Account must be filed by the earliest of:
- 90 days after the recording of the Notice of Substantial Completion
- 120 days after the recording of the Notice of Termination
- 120 days after the lien claimant last furnished labor or materials to the project.
It is worth noting that Massachusetts allows claimants to file a lien prior to the filing of a Notice of Substantial Completion or Notice of Termination.
Form requirements
Filing a Massachusetts mechanics lien is a 2-step process; each step has its own language and formatting requirements.
Notice of Contract
This notice is for use by direct contractors – those who have a contract with the property owner.
The form must contain:
- Contract date
- Identity of property owner
- Identity of contractor
- Property description
Download a free Massachusetts Notice of Contract form
Notice of Subcontract
This notice is for use by any party without a direct contract with the property owner. The form must contain:
- Contract date
- Identity of hiring party
- Identity of claimant
- Property description
- Contract amount (at the time of filing notice of subcontract), including:
a. Contract price
b. Agreed change orders
c. Pending change orders
d. Disputed claims
e. Payments received - The regular mailing address of the party recording or filing the notice
Download a free Massachusetts Notice of Subcontract form
Statement of Account
- Amount due
- Property description
- Identity of property owner(s)
While not specifically mentioned, it is a good practice to include the name and address of the claimant, and the labor or material furnished to the property, as well.
Recording requirements
Massachusetts claimants must record each form with the recorder’s office in the county where the property is located. While the deadlines for each form are different, they can be filed at the same time.
View a list of all county recorder offices in Massachusetts.
Parties not in direct contact with the property owner are required to send the property owner a copy of the Massachusetts lien claim after it has been recorded. It can be sent via certified mail with return receipt requested. General contractors are not required to send the property owner a copy of the lien, but it is generally a good idea to do so in an effort to facilitate payment.
Enforcing the lien
In Massachusetts, a lien claimant is required to initiate an action to enforce the lien within 90 days of filing the Statement of Account. Further, within 30 days from the commencement of the action, the lien claimant is required to record an attested copy of the Complaint for Enforcement of Lien in the registry of deeds. If both of these actions are not taken within the mandated time, the lien will be rendered invalid.