Home>Levelset Community>Legal Help>If I am a subcontractor in Massachusetts, do I have to file a Notice of Subcontract? What about the Notice of Substantial Completion? Do I file that or does someone else? Is this the same as the lien, or do these precede the lien?

If I am a subcontractor in Massachusetts, do I have to file a Notice of Subcontract? What about the Notice of Substantial Completion? Do I file that or does someone else? Is this the same as the lien, or do these precede the lien?

I'm the sub on a job in MA. The lien deadline calculator is telling me I have to file a Notice of Subcontract and then a Notice of Substantial Completion. Do I file these or does someone else? Do I file this before the lien? When I go to actually order the lien, it says I can file these both at the same time.

1 reply

Jun 19, 2018

First, regarding a Notice of Substantial Completion, there may be some confusion here. In Massachusetts, the deadline to file a lien is the earliest of 1) 90 days after a Notice of Substantial Completion is recorded; 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. Further, the Notice of Substantial Completion is filed by the owner and contractor, and a lien may be filed prior to the owner and contractor filing the Notice of Completion. Regarding a Notice of Subcontract, this is often viewed as the first of a two-step process required to file a Massachusetts mechanics lien because unlike notices in other states, a Notice of Subcontract must be filed (not just mailed). A Notice of Subcontract must be filed by all parties who have a written contract with the owner, general contractor, or subcontractor. The "notice" must be filed in the Registry of Deeds and provided to the property owner as well. Finally, what can be considered "step two" of a Massachusetts mechanics lien filing is a document called "Statement of Account." These documents are often filed at the same time or within a very short timeframe of each other.

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