Notice of Contract - Massachusetts

NOTICE OF CONTRACT

Mass. Gen. Laws ch. 254, §§ 2 and 4

1. CLAIMANT ROLE

☐ Claimant has a written contract with the owner or a person acting for, on behalf of, or with the owner's consent — review § 2.

☐ Claimant has a written contract with a contractor or that contractor's subcontractor — review § 4.

☐ Claimant has no direct contractual relationship with the original contractor — also evaluate the 30-day Notice of Identification in § 4.

2. REGISTRY HEADING

Registry of Deeds: [COUNTY / DISTRICT]

Property: [ADDRESS]

Record Owner: [NAME]

Book and Page / Certificate of Title: [REFERENCE]

3. NOTICE OF CONTRACT

Notice is hereby given that by virtue of a written contract dated [DATE] between [CLAIMANT], whose regular mailing address is [ADDRESS], and [CONTRACTING PARTY], whose address is [ADDRESS], Claimant has furnished or will furnish the following labor, material, rental equipment, appliances, tools, or professional services for the improvement of the real property described below:

[DESCRIPTION]

Property description:

[LEGAL DESCRIPTION SUFFICIENT FOR REGISTRY]

Account of Contract

Claimant claims a lien under Mass. Gen. Laws ch. 254 to the extent permitted by the applicable section.

Signed under the pains and penalties of perjury this [DAY] day of [MONTH], [YEAR].

Signature: _______________________________

Name and title: [NAME / TITLE]

Claimant: [LEGAL NAME]

4. RECORDING DEADLINE

For both §§ 2 and 4, the Notice of Contract may be filed after the written contract is executed but no later than the earliest applicable date:

• 60 days after recording or filing a Notice of Substantial Completion under § 2A;
• 90 days after recording or filing a Notice of Termination under § 2B; or
• the applicable 90-day last-performance date stated in § 2 or § 4.

Calendar

• Notice of Substantial Completion filed: [DATE / NONE]
• Sixtieth day: [DATE]
• Notice of Termination filed: [DATE / NONE]
• Ninetieth day: [DATE]
• Applicable last-performance date: [DATE]
• Ninetieth day after that event: [DATE]
• Earliest deadline: [DATE]
• Recording date: [DATE]

Do not use a 60-days-after-Claimant's-last-furnishing rule; that is not the deadline stated in §§ 2 or 4.

5. SUBCONTRACTOR ACTUAL NOTICE TO OWNER

For a § 4 claimant, give the owner actual notice after filing or recording this Notice of Contract.

To: [OWNER NAME / ADDRESS]

Actual notice is given that [CLAIMANT] filed or recorded the attached Notice of Contract on [DATE] at [REGISTRY], instrument [NUMBER / BOOK AND PAGE].

Delivery method and date: [METHOD / DATE]

Proof retained: [DETAILS]

The § 4 lien generally may not exceed the amount due or to become due under the original contract when notice of the filing is given to the owner. Additional tier limits and the Notice of Identification rule require counsel review.

6. SOURCES AND REFERENCES

• Mass. Gen. Laws ch. 254, § 2: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter254/Section2
• Mass. Gen. Laws ch. 254, § 4: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter254/Section4