Massachusetts

PRELIMINARY NOTICE

A party who furnishes labor, materials, equipment or services may initiate a mechanic’s lien by filing a Notice of Contract in the Registry of Deeds for the county in which the subject property is located. M.G.L. ch. 254, § 1. et seq.

CONTENTS OF PRELIMINARY NOTICE

The form of the Notice of Contract is prescribed by statute and varies depending on who is seeking the lien. M.G.L. ch. 254, § 1. et seq.

WHEN COMPLETION OCCURS

The date of Substantial Completion is not determinative of when a lien may be recorded (but see Time Limit for Recording Mechanic’s Lien).

TIME LIMIT FOR RECORDING MECHANICS LIEN

The Notice of Contract must be recorded no later than the earliest of (1) 60 days after Notice of Substantial Completion is recorded; (2) 90 days after Notice of Termination is recorded; or, (3) 90 days after the prime contractor, or any lower tier, last furnished labor or materials to the project. M.G.L. ch. 254, §§ 2 and 4. Note MA law also requires the filing of a Statement of Account. M.G.L. ch. 254, § 8.

TIME LIMIT FOR ENFORCING MECHANICS LIEN

Suit to enforce the mechanic’s lien must be commenced within 90 days of the recording of the Statement of Account. M.G.L. ch. 254, § 11. If a lien bond has been recorded, see M.G.L. ch. 254, § 14.

FORECLOSURE OR DISMISSAL BY COURT

A party with an interest in the property subject to the lien may file an application in the superior court where the subject property is located seeking dissolution of the mechanic’s lien. M.G.L. ch. 254, § 15A. I

https://www.mass.gov/info-details/massachusetts-law-about-mechanics-liens