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Massachusetts Mechanics Lien

Massachusetts perfects a mechanics lien in two steps: a Notice of Contract, then a Statement of Account. Learn the deadlines and the 90-day enforcement window.

Introduction

A Massachusetts mechanics lien is a legal claim recorded against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once perfected, the lien attaches to the property, clouds the title, and can be enforced by a court-ordered sale. Massachusetts perfects the lien in two recorded steps under Chapter 254. First you record a Notice of Contract, due at the earliest of 60 days after a notice of substantial completion, 90 days after a notice of termination, or 90 days after you last furnished labor or materials. Then you record a Statement of Account, due at the outside 120 days after last furnishing. A subcontractor without a direct contract should also serve a Notice of Identification within 30 days of starting. You must then sue to enforce within 90 days after filing the Statement of Account, or the lien dissolves. DocDraft prepares a Massachusetts mechanics lien from your project details, and attorney review is available before you record.

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Key Things to Know

  1. 1

    A Massachusetts mechanics lien secures payment against the improved property. Contractors, subcontractors, and suppliers who furnished labor or materials to improve real property and were not paid can claim one under Chapter 254 of the General Laws.

  2. 2

    Subcontractors should serve a Notice of Identification. Under M.G.L. c. 254, § 4 a subcontractor without a direct contract with the general contractor serves it within 30 days of starting work, by certified mail. Skipping it limits the amount the subcontractor can recover.

  3. 3

    Step one is recording a Notice of Contract. Under M.G.L. c. 254, §§ 2 and 4 it is recorded at the earliest of 60 days after notice of substantial completion, 90 days after notice of termination, or 90 days after last furnishing labor or materials.

  4. 4

    Step two is a Statement of Account, then suit. Under § 8 you record a Statement of Account, and § 11 requires a civil action to enforce the lien within 90 days after that statement is filed, or the lien is dissolved.

  5. 5

    Massachusetts reads Chapter 254 strictly. Missing the Notice of Contract deadline, the Statement of Account, or the 90-day enforcement window can dissolve the lien, though a separate contract claim against the party that hired you may remain.

  6. 6

    The steps use prescribed forms. M.G.L. c. 254 sets out the Notice of Contract (§ 2 for a general contractor, § 4 for a subcontractor), the subcontractor's Notice of Identification (§ 4), and the Statement of Account (§ 8).

  7. 7

    Residential liens require a written contract. Under § 2 a mechanics lien arises from a written contract, so on owner-occupied residential property the lien attaches only through a written contract signed by or for the owner; homestead law does not defeat a perfected lien.

Key decisions before you file

Before you file a Mechanics Lien in Massachusetts, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.

Open the Mechanics Lien guide

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NOTICE OF CONTRACT AND STATEMENT OF ACCOUNT (MASSACHUSETTS)

Recorded in the registry of deeds under M.G.L. Chapter 254. A Massachusetts mechanics lien is perfected in two steps: a Notice of Contract, then a Statement of Account.

--- STEP ONE: NOTICE OF CONTRACT (M.G.L. c. 254, § 2 for a general contractor, § 4 for a subcontractor) ---

  1. CLAIMANT Name: [CLAIMANT NAME] Address: [CLAIMANT ADDRESS] Role: [GENERAL CONTRACTOR / SUBCONTRACTOR / SUPPLIER]

  2. OWNER Name of the record owner: [OWNER NAME] Address: [OWNER ADDRESS]

  3. THE CONTRACT The claimant entered a written contract dated [DATE] with [OWNER / GENERAL CONTRACTOR / OTHER PARTY], namely [NAME], to furnish labor or materials for the property. Contract price or basis: [AMOUNT OR DESCRIPTION].

  4. PROPERTY Description: [DESCRIPTION OF THE LAND AND BUILDING] Street address: [PROPERTY ADDRESS] County and registry: [COUNTY / REGISTRY OF DEEDS]

Signature: [SIGNATURE] Printed name and title: [NAME AND TITLE] Date: [DATE]

--- STEP TWO: STATEMENT OF ACCOUNT (M.G.L. c. 254, § 8) ---

  1. STATEMENT OF ACCOUNT A just and true account of the amount due the claimant, with all credits, is: $[AMOUNT]. Date labor or materials last furnished: [LAST DATE]. Itemization: [ATTACH ITEMIZED ACCOUNT.]

  2. OATH The undersigned, being duly sworn, states that this account is just and true.

Signature: [SIGNATURE] Printed name and title: [NAME AND TITLE] Date: [DATE] Subscribed and sworn to before me this [DATE]. [NOTARY ACKNOWLEDGMENT]

[A SUBCONTRACTOR WITHOUT A DIRECT CONTRACT WITH THE GENERAL CONTRACTOR should serve a Notice of Identification on the general contractor within 30 days of commencing performance, by certified mail return receipt requested, under M.G.L. c. 254, § 4.]

Note: Record the Notice of Contract by the earliest of 60 days after a notice of substantial completion, 90 days after a notice of termination, or 90 days after last furnishing; record the Statement of Account no later than 120 days after last furnishing; and commence suit to enforce within 90 days after filing the Statement of Account, under M.G.L. Chapter 254. Confirm the current statutory contents and deadlines, or have this reviewed by an attorney, before recording.

Massachusetts Requirements for Mechanics Lien

Massachusetts Filing Deadline and Office

File the Massachusetts mechanics lien in the correct office, a county recorder or court as Massachusetts requires, within the state's deadline after you last furnish labor or materials. Massachusetts applies the deadline strictly, so filing late or in the wrong office can void the lien.

Frequently Asked Questions

A Massachusetts mechanics lien is a legal claim that a contractor, subcontractor, or supplier records against property they improved but were not paid for. It attaches to the real estate and clouds the title, so the owner cannot easily sell or refinance, and it can be enforced through a court-ordered sale. Massachusetts governs these liens in Chapter 254 of the General Laws.

Contractors, subcontractors, and suppliers who furnished labor or materials to improve real property and were not paid can claim a lien under Chapter 254. A general contractor records a Notice of Contract under § 2, while a subcontractor records under § 4 and, if it lacks a direct contract with the general contractor, should also serve a Notice of Identification early in the job.

Massachusetts perfects the lien in two recorded steps. First, record a Notice of Contract at the earliest of 60 days after a notice of substantial completion, 90 days after a notice of termination, or 90 days after you last furnished labor or materials. Second, record a Statement of Account under § 8, due at the outside 120 days after last furnishing. Both steps are required.

A subcontractor without a direct contract with the general contractor should serve a Notice of Identification within 30 days of commencing performance, by certified mail return receipt requested, under M.G.L. c. 254, § 4. It is not a strict condition of the lien, but a subcontractor who skips it limits the amount it can ultimately recover, so it is worth serving on time.

You have 90 days after the Statement of Account. Under M.G.L. c. 254, § 11 you must commence a civil action to enforce the lien within 90 days after the Statement of Account required by § 8 is filed, or the lien is dissolved. This deadline runs from the filing of the Statement of Account, the second recorded step, not from the Notice of Contract.

Missing the Notice of Contract deadline, failing to record the Statement of Account, or missing the 90-day deadline to sue generally dissolves the lien, because Massachusetts applies Chapter 254 strictly. You may still pursue the party that hired you for breach of contract to recover the debt, but you lose the security the lien places on the property.

Two Massachusetts features stand out. Perfection takes two recorded steps, a Notice of Contract and then a Statement of Account, rather than a single lien filing. And the lien depends on a written contract: under § 2, on owner-occupied residential property the lien attaches only through a written contract signed by or on behalf of the owner, and the homestead law does not defeat it.

When the debt is paid, the claimant should record a dissolution or release of the lien to clear the title. The lien also dissolves on its own if the Statement of Account is not recorded or no enforcement action is filed within 90 days of that statement. An owner who believes a lien is invalid can challenge it in court, which decides whether it stands.