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
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
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
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
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
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
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
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.
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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.