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Can I file a LIEN on Massachusetts without sending an intent before?

MassachusettsLien DeadlinesNotice of Intent to Lien

Can I file a LIEN in Massachusetts without sending an intent before? Your website says that the intent of lien is not required by law, but I just want to make sure - an attorney said it is required. And what is the real due date to file a lien - 90 or 120 days?

3 replies

May 1, 2020
Massachusetts doesn't specifically require that a Notice of Intent to Lien be filed before a mechanics lien is filed. But, there is a Notice of Contract (or subcontract) document that's required to be filed before a lien claim can be filed. So, while the document isn't technically a Notice of Intent to Lien - it makes sense that there could be some vernacular confusion there. You can learn about the entire process from top to bottom in this article: How to File a Massachusetts Mechanics Lien – A Practical Guide. Regarding deadlines - there are 2 separate deadlines you'll need to consider when filing a Massachusetts mechanics lien. First, the Notice of Contract (or subcontract) must be filed no later than the earliest of these following dates: (1) 60 days after substantial completion; (2) 90 days after a Notice of Termination is filed; or (3) 90 days after last furnishing labor or materials. Then, the deadline for the lien claim itself (called the "Statement of Account") mus be filed by the earliest of these dates: (1) 90 days after a Notice of Substantial Completion was recorded; (2) 120 days after the Notice of Termination was recorded; or (3) 120 days after last furnishing labor or materials.
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Apr 28, 2021
A Notice of Contract is one of two documents that is recorded as part of a lien. It is not a Notice of Intent. Feel free to call me to discuss. Sincerely, Andrea Goldman Law Group 60 Austin Street, Suite 210 Newton, MA 02460 617-953-3760 agoldman@goldmanlg.com www.GoldmanLG.com“Massachusetts Builders Blog” www.buildingconfidence-llc.blogspot.com "Home Contractor vs. Homeowner Blog" www.andreagoldmanlaw.blogspot.com
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Apr 28, 2021
The Notice of Contract is part of the lien claim itself. That answer is not exactly correct. The deadlines are different for GC's and subcontractors. Sincerely, Andrea Goldman Law Group 60 Austin Street, Suite 210 Newton, MA 02460 617-953-3760 agoldman@goldmanlg.com www.GoldmanLG.com“Massachusetts Builders Blog” www.buildingconfidence-llc.blogspot.com "Home Contractor vs. Homeowner Blog" www.andreagoldmanlaw.blogspot.com
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