Home>Levelset Community>Legal Help>Following issuance of Preliminary Notice (Notice of Identification) in MA, is any other document required to be filed/recorded prior to filing a lien on commercial project?

Following issuance of Preliminary Notice (Notice of Identification) in MA, is any other document required to be filed/recorded prior to filing a lien on commercial project?

I am a Florida registered subcontractor who provided services for an owner/builder in Middleboro, MA. I have filed a Notice of Identification while we were working on site. Our last day on site was 4/13 and we have not been paid. I am looking to file a lien.

1 reply

Jun 5, 2018

Massachusetts is home to weird "notice" requirements. As mentioned above, a Notice of Identification is required early on during a project's life cycle. In Massachusetts, another notice is required prior to filing a mechanics lien. This notice is called a Notice of Contract - and honestly, it's more like step 1 of the mechanics lien process than it is a "notice." A Notice of Contract (or Subcontract) must be recorded in the registry of deeds in the county or registry district of the land court where the land lies, much like a mechanics lien. Further, it must be filed at the earliest of the following dates (as applicable): 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. This notice must be filed prior to a Massachusetts mechanics lien claim (called a "Statement of Account"). As an additional note, it's important to remember that utilizing a document such as a Notice of Intent to Lien can be very effective before initiating the lien process becomes necessary. It serves as a warning shot - if payment is not made, a lien will be filed. Because a mechanics lien is such a drastic remedy, even the mere threat of a lien can be enough to compel payment. More on that idea here: Notice Of Intent To Lien May Be Enough To Get You Paid.

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