HI, Do we have to file a notice of identification in Mass or can we wait to see if we are not paid?
A Notice of Indentification isn't required to have the right to file a MA mechanics lien, but it will greatly increase the amount of protection (i.e. value recoverable under your lien claim). We recommend that anyone who was hired by a subcontractor in Massachusetts to send this notice on every project.
A sub-sub's lien claim in Massachusetts is limited to the unpaid balance owed to the 1st tier sub at the time the subcontractor a Notice of Contract is filed. However, if the Notice of Identification is sent properly, and the subcontractor ultimately files a lien, the amount secured will be the amount owed to the GC.
So how does one "send a Notice of Identification properly?"
The notice must be sent to the GC and the owner by certified mail with return receipt requested, within 30 days of first furnishing labor or materials to the project.