Mechanics Lien Filing Package — Massachusetts

Mechanics Lien Filing Package (Massachusetts)

Quick-Reference Summary

Strict construction. Massachusetts courts strictly construe c. 254. Ng Brothers Construction, Inc. v. Cranney, 436 Mass. 638 (2002). One missed deadline = dissolved lien.

Part A — Notice of Contract (Pre-Lien Notice / Recording Document)

COMMONWEALTH OF MASSACHUSETTS
Registry of Deeds — [________________________________] County

NOTICE OF CONTRACT

(Pursuant to M.G.L. c. 254, § ☐ 2 [General Contractor] ☐ 4 [Subcontractor])

1. Claimant (Person Entitled to Lien):

Name: [________________________________]
Business address: [________________________________]
City: [________________________________] State: MA ZIP: [____]
Telephone: [________________________________]

2. Record Owner of the Property:

Name: [________________________________]
Address: [________________________________]

3. Person With Whom Claimant Contracted (if different from owner):

Name: [________________________________]
Address: [________________________________]
Relationship: ☐ Owner ☐ General contractor ☐ Subcontractor ☐ Other: [____]

4. Description of the Property (street address and legal description sufficient to identify the parcel; reference a recorded deed where possible):

Street address: [________________________________]
City/Town: [________________________________]
Recorded deed reference — Book [____] Page [____] (or Land Court Certificate No. [____])
Legal description / lot designation: [________________________________]

5. Date of Contract: [__/__/____]

6. General description of work or materials furnished, or to be furnished, under the contract:

[________________________________]

7. Contract amount (or estimated value, if unliquidated): $[____]

8. Date claimant first performed labor or furnished materials: [__/__/____]

Signed under the pains and penalties of perjury this [____] day of [____________], [____].

____________________________________
[Claimant's authorized signatory], [Title]

Notarial acknowledgment (required for recording):

Commonwealth of Massachusetts
County of [________________________________]

On this [____] day of [____________], [____], before me, the undersigned notary public, personally appeared [________________________________], proved to me through satisfactory evidence of identification, to be the person whose name is signed on the preceding document, and acknowledged to me that he/she signed it voluntarily for its stated purpose.

____________________________________
Notary Public — My commission expires: [__/__/____]

Part B — Claim of Mechanics Lien (Statement of Account)

COMMONWEALTH OF MASSACHUSETTS
Registry of Deeds — [________________________________] County

STATEMENT OF ACCOUNT — MECHANICS LIEN

(Pursuant to M.G.L. c. 254, § 8)

1. Reference to previously recorded Notice of Contract:

Notice of Contract recorded [__/__/____] in Book [____], Page [____] (Document No. [____]) at the [________________________________] County Registry of Deeds.

2. Claimant: [________________________________]

3. Record Owner: [________________________________]

4. Description of the property (same as Notice of Contract):

[________________________________]

5. Just and true account of the amount due, after all just credits:

6. Date claimant last performed labor or furnished materials on the project: [__/__/____]

7. Calculation of § 8 deadline (claimant must record by the earliest):

☐ 90 days after recording of Notice of Substantial Completion (recorded [__/__/____]) → deadline [__/__/____]
☐ 120 days after recording of Notice of Termination (recorded [__/__/____]) → deadline [__/__/____]
☐ 120 days after last work ([__/__/____]) → deadline [__/__/____]

Earliest deadline: [__/__/____] | Date this Statement of Account recorded: [__/__/____]

Signed under the pains and penalties of perjury.

____________________________________
[Claimant], [Title] Date: [__/__/____]

Notarial acknowledgment: [as in Part A]

Part C — Notice of Filing Lien Claim to Owner

[Claimant Letterhead]

[__/__/____]

VIA CERTIFIED MAIL — RETURN RECEIPT REQUESTED
AND VIA FIRST-CLASS MAIL

[Owner Name]
[Owner Address]
[City, State ZIP]

Re: Notice of Recorded Mechanics Lien — [Property Address]

Dear [Owner]:

This letter provides formal notice that [Claimant Name] has recorded a Notice of Contract and a Statement of Account against the property located at [________________________________], establishing a mechanics lien under M.G.L. c. 254 in the amount of $[____].

Recording information:

The lien secures payment for labor and materials furnished to the project between [__/__/____] and [__/__/____]. We will commence a civil action under M.G.L. c. 254, § 11 within ninety (90) days of recording the Statement of Account unless payment in full is received by [__/__/____].

You may dissolve this lien by recording a bond pursuant to M.G.L. c. 254, § 14. Please contact the undersigned to arrange payment or to discuss resolution.

Sincerely,

____________________________________
[Claimant / Counsel]
[Address / Phone / Email]

Part D — Civil Action to Enforce Mechanics Lien (Petition to Enforce)

COMMONWEALTH OF MASSACHUSETTS

SUPERIOR COURT DEPARTMENT
[________________________________] COUNTY, ss.

Civil Action No. [____]

COMPLAINT TO ENFORCE MECHANICS LIEN

(M.G.L. c. 254, § 11)

PARTIES

1. Plaintiff [Claimant] is a [corporation / LLC / individual] with a principal place of business at [________________________________].

2. Defendant [Owner] is the record owner of the real property located at [________________________________], as shown in a deed recorded at the [____] County Registry of Deeds in Book [____], Page [____].

3. Defendant [General Contractor / Obligor] is the party with whom Plaintiff contracted, having an address at [________________________________].

JURISDICTION AND VENUE

4. This Court has jurisdiction under M.G.L. c. 212, § 4 and c. 254, § 5. Venue is proper under M.G.L. c. 223, § 1 because the property is located in [____] County.

FACTUAL ALLEGATIONS

5. On [__/__/____], Plaintiff entered into a written contract with [____] to furnish [labor / materials] for improvements to the Property in the amount of $[____].

6. Plaintiff fully performed in accordance with the contract from [__/__/____] through [__/__/____].

7. The amount of $[____] remains due and unpaid after all just credits.

8. Plaintiff recorded a Notice of Contract on [__/__/____] in Book [____], Page [____].

9. Plaintiff recorded a Statement of Account on [__/__/____] in Book [____], Page [____].

10. All statutory prerequisites under M.G.L. c. 254 have been satisfied.

COUNT I — ENFORCEMENT OF MECHANICS LIEN (M.G.L. c. 254, § 11)

11. Plaintiff repeats and realleges the foregoing paragraphs.

12. Plaintiff is entitled to a judgment enforcing its mechanics lien against the Property in the amount of $[____], plus interest, costs, and reasonable attorney's fees as allowed by law.

COUNT II — BREACH OF CONTRACT (against [General Contractor / Obligor])

13. Plaintiff repeats and realleges the foregoing paragraphs.

14. [Defendant] breached the contract by failing to pay $[____] due and owing.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

a. Enter judgment establishing and enforcing Plaintiff's mechanics lien against the Property in the amount of $[____];
b. Order the sale of the Property to satisfy the lien;
c. Enter judgment against [General Contractor / Obligor] for $[____] plus interest, costs, and attorney's fees; and
d. Grant such further relief as is just.

Dated: [__/__/____]

Respectfully submitted,
[CLAIMANT], by its attorney,

____________________________________
[Attorney Name], BBO No. [____]
[Firm Name]
[Address] | [Phone] | [Email]

Part E — Pre-Filing Checklist

Contract & eligibility

☐ Written contract exists with the owner (GC) or up-tier party (sub) — required under M.G.L. c. 254
☐ Project is on private property (no liens on Commonwealth or municipal property — § 6)
☐ Claimant is a category protected under §§ 1, 2, 2C, 2D, or 4 (laborer / GC / sub / supplier / design professional)
☐ Subcontractor not in privity with GC has sent Notice of Identification within 30 days of first work (§ 4)

Notice of Contract (Part A)

☐ Drafted with all required information (parties, property, contract, amount)
☐ Acknowledged before a Massachusetts notary
☐ Recorded at the correct Registry of Deeds before the EARLIEST of: 60 days after § 2A notice; 90 days after § 2B notice; 90 days after last work
☐ Recording receipt obtained and filed in the claimant's project file

Statement of Account (Part B)

☐ Itemized "just and true account" prepared with all credits applied
☐ Last-date-of-work confirmed by job records / time tickets / delivery tickets
☐ Recorded before the EARLIEST of: 90 days after § 2A notice; 120 days after § 2B notice; 120 days after last work
☐ Cross-references the Notice of Contract recording information

Notice to Owner (Part C)

☐ Sent by certified mail with return receipt
☐ Includes recording information for both Notice of Contract and Statement of Account

Civil action / enforcement (Part D)

☐ Complaint drafted and filed in Superior Court within 90 days of Statement of Account recording
☐ Plaintiff has Massachusetts counsel of record (corporations and LLCs must appear by counsel)
☐ Attested copy of complaint obtained from Clerk
☐ Attested copy of complaint RECORDED at Registry of Deeds within 30 days of filing (§ 11) — CRITICAL

Calendar & file management

☐ All deadlines docketed with at least 30 days' tickler
☐ Project file includes contracts, change orders, invoices, payment ledger, delivery tickets, daily reports, photographs
☐ Lien priority confirmed against existing mortgages and recorded encumbrances

Sources and References

• Massachusetts General Laws, Chapter 254 (full text): https://malegislature.gov/laws/generallaws/partiii/titleiv/chapter254
• Massachusetts Law about Mechanic's Liens (Trial Court Law Libraries): https://www.mass.gov/info-details/massachusetts-law-about-mechanics-liens
• Ng Brothers Construction, Inc. v. Cranney, 436 Mass. 638 (2002): https://scholar.google.com/scholar_case?case=14102579299978107486
• Trace Construction, Inc. v. Dana Barros Sports Complex, LLC, 459 Mass. 346 (2011)
• M.G.L. c. 254, § 2 (Notice of Contract — GC): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter254/Section2
• M.G.L. c. 254, § 4 (Notice of Contract — Subcontractor): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter254/Section4
• M.G.L. c. 254, § 8 (Statement of Account): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter254/Section8
• M.G.L. c. 254, § 11 (Civil action; recording attested copy): https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter254/Section11
• REBA Title Standards Nos. 62–64 (Mechanic's Liens)