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Mechanic's Lein

MassachusettsMechanics Lien

We are owners of a small painting company. We were hired to do restoration work and painting by the owner here in Haverhill, MA. He has defaulted the contract. The Mechanic's Lein paperwork has been filled out. signed and notorized. What needs to be done now?

2 replies

Jun 9, 2020
Please see the statutory language. Contact me if you need further information. 3.11.1 Section 2 Lien-Direct Contract with Owner For a Section 2 lien, the lien claimant must have a written contract, G.L. c. 254, § 2, and must do the following: record a notice of contract at the registry, G.L. c. 254, § 2 (see form at Exhibit 3I), within the earliest of sixty days after the recording of the notice of substantial completion; ninety days after the recording of the notice of termination; or ninety days after the last furnishing of labor or materials; record a statement of account at the registry, G.L. c. 254, § 8 (see form at Exhibit 3J, registry document formatting standards at Exhibit 3K), within the earliest of ninety days after the recording of the notice of substantial completion; 120 days after the recording of the notice of termination; or 120 days after the last furnishing of labor or materials; file a civil action to enforce the lien in Superior or District Court, G.L. c. 254, § § 5, 11, within ninety days of filing the statement of account; and record an attested copy of the complaint to enforce the lien at the registry, G.L. c. 254, § 5, within thirty days of the commencement of the civil action.
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Jun 9, 2020
A Massachusetts mechanics lien (also referred to as a Statement of Account) must be filed by the earlier of one of the following dates:
  • 120 days after the last date the claimant furnished labor or materials to the project;
  • If a Notice of Substantial completion was filed, 90 days after the filing; or
  • If a Notice of Termination was filed, 120 days after the filing.
This needs to be filed in the county Registry of Deeds in the county where the property is located. A full list of which can be found here. Once filed, those who directly contracted with the property owner aren't required to send notice that the claim was filed, but it's a good idea to do so anyway. Your mechanics lien will then be valid for 90 days after the claim has been filed. One final thing to note. If you still have time before your filing deadline, there's one more step we recommend. You can send a Notice of Intent to Lien. This is not a required notice in Massachusetts, but it can be incredibly effective at inducing payment before having to file the claim. Consider it one final warning that if you're not paid within x amount of days you are ready to file your claim. Here's a full breakdown of the Massachusetts mechanics lien process:
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