Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Massachusetts
Massachusetts
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Massachusetts Quick Overview
| Pursuant Code | MA Gen. Laws ch. 254, §§ 1 et seq. | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | No | |
| MA Statutory Relief | Unpaid Balance | |
| Lien Milestone Event | Conditional, check statutes | |
| Lien Enforcement Deadline | 90 days or less | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Condiional, check statutes | |
| Prelien Document Name(s) | Notice of Contract, Notice of Identification | |
| Prelien Minimum Information | Names of the parties, property description, contract amount, and other Section 2 or 4 form fields | |
| Prelien Minimum Notifications | Registry of Deeds (mandatory); Owner (for Subcontractor-level notices) | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Massachusetts by Role
Massachusetts requires a Notice of Contract to be recorded in the county registry by contractors and suppliers seeking lien rights. For lower-tier parties, a separate Notice of Identification must also be sent to the general contractor within 30 days of first furnishing.
Mechanic's Liens in Massachusetts
In Massachusetts, contractors, subcontractors, and suppliers must file a Notice of Contract in the registry of deeds where the property is located to preserve mechanics lien rights. Timelines to file are strict and tied to the earlier of the Notice of Substantial Completion, Notice of Termination, or the last furnishing of labor or materials. A Statement of Account must then be filed within statutory timeframes, and a verified lawsuit must be filed within 90 days after the Statement of Account is recorded to enforce the lien.
Bond Claims in Massachusetts
On public projects in Massachusetts, contractors and subcontractors may assert bond claims under statutory requirements. Although not governed under the same sections as mechanics liens, claimants generally must provide timely notice to the general contractor and/or surety, and pursue claims within deadlines set by the bond or public authority rules. Bond claims do not involve the recording of liens against real property.
Construction Lien Waivers in Massachusetts
Required Format: Massachusetts is one of a dozen states where all waivers MUST substantially follow statutorily required verbiage to be valid so be sure to check with your constuction attorney and consult the relevant state statutes.
Required Notarization: Massachusetts does not require waivers to be notarized.
Massachusetts permits lien waivers, but they must be made in writing. Under M.G.L. ch. 254 § 32, a lien waiver is only valid to the extent of the payment actually received, unless the waiver clearly states that it is unconditional. Conditional waivers are enforceable only if payment has been made; otherwise, the lien rights are preserved. Standard industry practice is to use written conditional or unconditional waivers upon progress or final payments. Waivers should be carefully drafted to ensure they reflect actual payment status, as premature or unconditional waivers may limit enforceable rights.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Massachusetts counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Massachusetts
Frequently Asked Questions (FAQs) on Massachusetts Lien Processes for Contractors
Who must file a Notice of Contract to have lien rights in Massachusetts?
Both prime contractors and subcontractors must record a Notice of Contract to preserve their lien rights.
When must a Notice of Contract be recorded in Massachusetts?
It must be recorded no later than the earliest of: 60 days after a Notice of Substantial Completion, 90 days after a Notice of Termination, or 90 days after last furnishing labor or materials.
What happens if a subcontractor does not serve a Notice of Identification in Massachusetts?
Without timely serving a Notice of Identification, lower-tier subcontractors may have their lien rights limited to the unpaid balance due to the prime contractor at the time of filing.
Is a verified lawsuit required to enforce a mechanic's lien in Massachusetts?
Yes, a verified complaint must be filed in the appropriate court within 90 days after the filing of the Statement of Account, or the lien will dissolve.
Can waivers affect lien rights in Massachusetts?
Yes, Massachusetts law allows conditional and unconditional waivers, typically upon receipt of progress or final payments. Waivers must comply with the terms in M.G.L. ch. 254 §32.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
