Massachusetts Preliminary Notice FAQs

Last updated July 23, 2020
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.

Send Your Notice

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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