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Massachusetts Preliminary Notice FAQs

Last updated October 27, 2021
Sending a Massachusetts preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in Massachusetts.

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Massachusetts preliminary notice requirements for:

Private projects

A Notice of Contract must be filed after the contract is executed, and no later than the earliest of:

  • 60 days after filing of the Notice of Substantial Completion
  • 90 days after the filing of the Notice of Termination
  • 90 days after last furnishing labor or materials to the project

Notice cannot be sent late, and must be filed with the register of deeds.

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Public projects

General contractors are not required to send preliminary notice on public projects.

Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.

Private projects

Second-tier or lower subs as well as suppliers must provide notice of identification to prime contractor within 30 days of commencing work.

All suppliers must file a notice of subcontract after the contract is executed, and no later than the earliest of:

  • 60 days after filing of the Notice of Substantial Completion
  • 90 days after the filing of the Notice of Termination
  • 90 days after last furnishing labor or materials to the project

Notice cannot be sent late, and must be delivered to the GC.

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Public projects

Subs don't have to send notice on public projects. However, parties furnishing specially fabricated materials are required to send a preliminary notice to gain protection in the event the materials are not ultimately delivered or installed.

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