Massachusetts Preliminary Notice Form
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In Massachusetts, a preliminary notice is only required for sub-subs and suppliers to subs (and lower tiers). However, any other party may send a preliminary notice to any other party, and this document is such a notice.
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Notice of Identification- THIS IS URGENT
A Notice of Indentification isn't required to have the right to file a MA mechanics lien, but it will gre atly increase the amount of protection (i.e. value recoverable under your lien claim). We recommend that Massachusetts subcontractors send this notice on every project.
Typically, a subcontractor's lien claim in Massachusetts is limited to the unpaid balance owed to the prime contractor at the time the subcontractor filed their Notice of Contract. However, if the Notice of Identification is sent properly, and the subcontractor ultimately files a lien, the amount secured will be the entire contract price.
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 furnsihing labor or materials to the project.
- You can download a free MA Notice of Identification template here
- For more on the MA Notice of Identification, see: Massacushetts Preliminary Notices- All You Need to Know
What is the procedure to protect our ability to file a mechanics lien for nonpayment? Customer is a HOMEBUILDER.
Property sales during the projectMechanics liens are available to those who have improved property and gone unpaid for their work. If you haven't improved the property yet, then filing a mechanics lien will likely result in an invalid, unenforceable, and potentially even fraudulent lien claim. If you're going unpaid later on in the project, and if you believe the property will soon be sold, it'd be wise to file a mechanics lien claim before the sale, if you've decided to file a mechanics lien at that point. That could reduce potential complexities with the claim. Even if that lien won't make its way into the title search, having the lien attach to the property before the sale will preserve that claim for payment and the lien will be effective. Note that if you've filed a mechanics lien and notified the current owner of the property, they'll have a responsibility to inform a purchaser of the lien claim. Finally, if the property is sold during the project and you end up having to file a mechanics lien at some point after the sale - a lien should still be on the table. If a new owner takes over the property but allows construction to continue, they'll be authorizing the continuation of the work and assuming the liability associated with being an owner of an active construction site. Granted, it couldn't hurt to consult with a local Massachusetts attorney for some clarity on potential complexities. You can find a Massachusetts lawyer here: Find a Massachusetts Construction Lawyer.
Additional Massachusetts resourcesFor further discussion on Massachusetts notice and lien requirements, these articles will be useful: - Massachusetts Preliminary Notice Guide and FAQs - Massachusetts Mechanics Lien Guide and FAQs - How to File a Massachusetts Mechanics Lien – A Practical Guide
Can I still do a mechanic lien even though it’s past 90 days from completion 6/01/18 even though they did not send me CO #3 until 10/10/18 in Massachusetts
In order to claim a mechanics lien in Massachusetts, both a Notice of Contract/Subcontract; and a Statement of Account must be filed.
The Notice of Subcontract must be filed in the Registry of Deeds and, if the lien claimant does not have a contract with the property owner, it must be provided to the property owner as well. This notice must be filed after the contract is executed, and no later than the earliest of:
1) 60 days after filing of the Notice of Substantial Completion,
2) 90 days after the filing of the Notice of Termination, or
3) 90 days after last furnishing labor or materials to the project.
To best protect their rights, lien claimants should file the Notice as quickly as possible after entering into a contract, because the lien may be limited to the amount due to the general or sub at the time the notice is received.
Additionally, the "lien" itself, the Statement of Account must be filed by the earliest of:
1) 90 days after the recording of the Notice of Substantial Completion;
2) 120 days after the recording of the Notice of Termination;
3) 120 days after the lien claimant last furnished labor or materials to the project.
To the extent either or those deadlines are missed, a claimant is precluded from filing a valid and enforceable mechanics lien against the property - although, there may be other ways to recover the amount due if that is the case.
Ask a construction lawyer about a Massachusetts Preliminary Notice
Other forms to use in Massachusetts
Massachusetts County Recorders
Looking to file/record a mechanics lien in Massachusetts? You'll need to get your Massachusetts mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in Massachusetts. Click on any county to find more information about how to get your lien recorded in that county.
John F. Meade, Register
Barnstable, Massachusetts, 2630
334 Main St, Ste 2
Great Barrington, Massachusetts, 01230-1894
11 Court St
Taunton,, Massachusetts, 2780
81 Main St
Edgartown, Massachusetts, 2539
phone: (508) 627-4025
Shetland Park - 45 Congress St, Suite 4100
Salem, MA, Massachusetts, 1970
425 Main Street, PO Box 1495
Greenfield, Massachusetts, 01302-1495
50 State Street
Springfield, Massachusetts, 1103
208 Cambridge Street
Cambridge, Massachusetts, 2141
phone: (617) 679-6310
16 Broad Street
Nantucket, Massachusetts, 2554
649 High Street
Dedham, Massachusetts, 2026
50 Obery Street
Plymouth, Massachusetts, 2360
24 New Chardon Street
Boston, Massachusetts, 2114
phone: 617 788-6250
90 Front Street
Worcester, Massachusetts, 1608
phone: (508) 798-7717