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When can I file an intent to lien?

MassachusettsLien DeadlinesNotice of Intent to Lien

We completed a job but the homeowner seems reluctant to pay. How long do I have to file the lien?

1 reply

Apr 13, 2020
Notices of Intent to Lien aren't actually a required part of the Massachusetts mechanics lien process. They're a valuable tool for facing payment, however. Levelset discusses that here: What Is a Notice of Intent to Lien and Should You Send One? But, because they're not required - it's up to the claimant to decide when to send the lien threat. When utilizing a Notice of Intent to Lien, it's a good idea to send the notice well before the mechanics lien deadline. That way, you'll be able to best leverage the threat of a lien claim while also preserving the ability to actually file that claim, if necessary. Other than that, though - it's really a matter of business preference.

Massachusetts' lien deadline

In Massachusetts, the deadline to file a lien will be based on 3 possible dates, whichever happens earliest: (1) 90 days after a Notice of Substantial Completion is filed, (2) 120 days after a Notice of Termination is filed, or (3) 120 days after the lien claimant last furnished labor or materials to the project. So, figuring out your own specific lien deadline will be a good first step. Then, creating a plan of attack based on when a filing would be required will be a lot easier. For help calculating deadlines on a specific job, this tool will be useful: Levelset Payment Rights Advisor.
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