what name should the lien be in?

3 months ago

The names that appear on the contract are an unregistered DBA and individual name of GC. Should the lien be in the individual name of the GC?

Senior Legal Associate Levelset

When in doubt, it might be helpful to include both the name on the contract and the name of the GC, themselves, if the GC’s name is also on the contract as the name of the hiring party. § 4 of the Massachusetts mechanics lien statute, which creates the template for a Notice of Contract filing in the state, simply asks for the names of the parties between whom the contract was made and does not specify exactly which name should be present.

Further, § 8 sets out the requirements of the Statement of Account/ Statement of Amount Due filing, and that section is also silent about how a business’ name should be listed. So, the safest route there is likely also to include the name or names that are included in the contract. And, if there’s reason to believe the business name in the contract also goes by some other name, including that additional business name might be helpful, too.

For more information about Massachusetts mechanics liens, here’s a great resource: Massachusetts Mechanics Lien Guide and FAQs.

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Sincerely,


 Andrea

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