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

For a § 4 subcontractor lien, give the owner actual notice of the recorded Notice of Contract and retain evidence of receipt. This certified-mail letter can document that notice; § 4 does not mandate certified mail for owner notice. Include the Statement of Account information below only if it has been recorded; § 8 does not require mailing its copy to the 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 notice that [Claimant Name] recorded a Notice of Contract under M.G.L. c. 254, § 4 against the property located at [________________________________]. Claimant has also recorded a Statement of Account: ☐ Yes ☐ No. If recorded, the amount claimed is $[____].

Recording information:

The claimed lien secures payment for labor and materials furnished to the project between [__/__/____] and [__/__/____]. If a Statement of Account is recorded, any civil action to enforce the lien must be commenced within ninety (90) days after that filing under M.G.L. c. 254, § 11.

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. This lien enforcement action is brought in the Superior Court for [____] County, where the Property lies, under M.G.L. c. 254, § 5.

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)
☐ Qualifying claimant without direct privity with the original contractor evaluated and, if used, sent the Notice of Identification within 30 days after commencement of performance (§ 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)

☐ For a § 4 subcontractor lien, owner given actual notice of the recorded Notice of Contract; proof retained
☐ If the Statement of Account has also been recorded, its recording information is included as a courtesy

Civil action / enforcement (Part D)

☐ Enforcement complaint filed within 90 days of Statement of Account recording in the Superior Court for the county or District Court for the judicial district where the land lies (§§ 5, 11); Part D is a Superior Court example
☐ If filing in Superior Court, completed and signed civil action cover sheet accompanies the complaint (Superior Court Rule 29)
☐ 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)