Can I still do a mechanic lien even though it’s past 90 days from completion 6/01/18 even though they did not send me CO #3 until 10/10/18 in Massachusetts

2 years ago

Hi I sent this question yesterday but got no reply.

Hi my original proposal on a project was for $14,900 with an add/alt to paint exterior railings for $2,100.
The GC sent me a contract for $24,900 adding into the contract painting of the stairwell steel and exterior hand rails.
We painted the steel in the stairwells and the exterior steel hand rails.
I finished a project in Medford Massachusetts on 6/01/18.
The owners kept asking for additional work.
I did the additional work and received CO # 1 on 5/07/18 for $15,300
I did the additional work and received CO # 2 on 8/06/18 for $6,240
On 10/10/18 I received a CO #3 from the GC deducting $10,000, saying that they added the $10,000 to the original contract. We painted the steel that they added to the original contract.
Can I still do a mechanic lien even though it’s past 90 days from completion even though they did not send me CO #3 until 10/10/18

Chief Legal Officer Levelset
101 reviews

Deadlines by which mechanics liens must be filed can be tricky. This is especially true in Massachusetts, because not only is the mechanics lien deadline kind of a two-part deadline, each of the parts has multiple deadline possibilities. Let’s break it down a bit below.

In order to claim a mechanics lien in Massachusetts, both a Notice of Contract/Subcontract; and a Statement of Account must be filed.

The Notice of Subcontract must be filed in the Registry of Deeds and, if the lien claimant does not have a contract with the property owner, it must be provided to the property owner as well. This notice must be filed after the contract is executed, and no later than the earliest of:

1) 60 days after filing of the Notice of Substantial Completion,
2) 90 days after the filing of the Notice of Termination, or
3) 90 days after last furnishing labor or materials to the project.

To best protect their rights, lien claimants should file the Notice as quickly as possible after entering into a contract, because the lien may be limited to the amount due to the general or sub at the time the notice is received.

Additionally, the “lien” itself, the Statement of Account must be filed by the earliest of:

1) 90 days after the recording of the Notice of Substantial Completion;
2) 120 days after the recording of the Notice of Termination;
3) 120 days after the lien claimant last furnished labor or materials to the project.

To the extent either or those deadlines are missed, a claimant is precluded from filing a valid and enforceable mechanics lien against the property – although, there may be other ways to recover the amount due if that is the case.

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