A Massachusetts mechanic’s lien is used by unpaid parties working on a construction project as a means to seek compensation from a property owner. In Massachusetts, two forms need to be filed to claim a mechanic’s lien: the Notice of Contract and the Statement of Account. The notice must include a description of the real property where any labor to materials has been furnished, while the statement provides a description of the property and a “just and true” account of the compensation the claimant is seeking.
It should be noted that contractors who have a written contract with a property owner need to file a different Notice of Contract than that of a subcontractor or sub-subcontractor.
Subcontractors and sub-subcontractors are required to mail their Notice of Contract by certified mail to the property owners. Workers without a direct contract with the contractor must also file a Notice of Identification to the original contractor within thirty (30) days after beginning work on a project to claim a lien.
Laws & Requirements
- Laws: Chapter 254: LIENS ON BUILDINGS AND LAND
- Signing Requirements: Not mentioned in state statutes.
- Time Limit for Recording Notice (M.G.L. ch. 254, § 4, M.G.L. ch. 254, § 2 ): The time limit for recording the notice is the earliest of the one of the following:
- Sixty (60) days after Notice of Substantial Completion is recorded;
- Ninety (90) days after Notice of Termination is recorded; or
- Ninety (90) days after labor or materials was last furnished to the project.
- Time Limit for Recording Statement of Account (M.G.L. ch. 254, § 8): The time limit for recording the statement is the earliest of the one of the following:
- Ninety (90) days after Notice of Substantial Completion is recorded;
- One hundred and twenty (120) days after Notice of Termination is recorded; or
- One hundred and twenty (120) days after labor or materials was last furnished to the project,
- Deadline for Enforcing Lien (M.G.L. ch. 254, § 11): Ninety (90) days
Massachusetts Notice of Contract (Contractor) – This notice must be filed by contractors who have entered into an agreement with the property owner. The form must provide the names of both parties and the description of the property where improvements will take place.
Massachusetts Statement of Account – Contractors may file this statement simultaneously with or after the Notice of Contract is filed. The statement must provide a description of the property, the name(s) of the property owner(s), and the total amount due to the contractor.