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Equipment Lessor or Materials Supplier

Massachusetts

we just got our materials that a company rented back-this month but i am being told i have to file a lien by the 3rd of December -- Is that correct?

3 replies

Dec 1, 2021

Massachusetts has a complex lien deadline, and the actual deadline date will change depending on the specific details of your project. Generally, the deadline to file a mechanics lien in Massachusetts will be the earliest of the following dates:

  1. 90 days after the Notice of Substantial Completion (if one gets filed);
  2. 120 days after the Notice of Termination (if one gets filed); or
  3. 120 days after the claimant last furnished labor or materials to the project.

So, to determine your lien deadline, it's important to see if a Notice of Substantial Completion is filed, or if a Notice of Termination is filed. And, if neither document is filed, the deadline will be 120 days after the last furnishing date

If you're looking for an exact deadline date, Levelset has a helpful tool here: Mechanics Lien & Notice Deadline Calculator. Or, using a site like timeanddate.com could help.

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Dec 1, 2021

in regard to last furnishing date-- materials were delived awhile ago but used throughout the whole project and the project was just finished (materials were a roadzipper machine and barriers) 

So woudl it be when we furmnised them or the 120 days after the project was finished 

 

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Dec 2, 2021

To oversimplify its no days from when you supplied or anybody up the chain of contracts did work on site

You should have sent a Notice of Identification 30 days from when you shipped and this might impair the claim but you should file a Notice of Contract anyway

 

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