MA · Mechanics Lien Law
Massachusetts Mechanics Lien Law: Deadlines, Notices & Filing Guide
Massachusetts mechanics lien practice under Mass. Gen. Laws ch. 254 §§ 2-4 involves sequential Notice of Contract and Statement of Account filings, while public works bonds are governed by Mass. Gen. Laws ch. 149 § 29. Multiple deadlines run from different trigger events.
Massachusetts mechanics lien deadlines at a glance
A subcontractor without a direct contract with the owner must serve a Notice of Identification on the prime contractor within 30 days of first commencing work in order to preserve mechanics lien rights. This early filing operates alongside, not instead of, the later Notice of Contract or Subcontract and Statement of Account filings.
Massachusetts uses two sequential filings: a Notice of Contract or Notice of Subcontract must be recorded by the earliest of 60 days after a Notice of Substantial Completion, 90 days after a Notice of Termination, or 90 days after last furnishing, under Mass. Gen. Laws ch. 254 §§ 2-4. A Statement of Account must then follow within 120 days of last furnishing to preserve the lien.
A civil action to enforce the lien must be commenced within 90 days after the Statement of Account is filed, or the lien is automatically dissolved.
Massachusetts public payment bond rights are limited to claimants in direct contract with the prime contractor or with a subcontractor of the prime. Claimants further removed from that contractual chain do not have bond claim rights on Massachusetts public projects.
Primary statute
Mass. Gen. Laws ch. 254 §§ 2-4 · Mass. Gen. Laws ch. 149 § 29
Who can file a mechanics lien in Massachusetts?
Massachusetts lien rights are available to contractors, subcontractors, sub-subcontractors, material suppliers, and, where the statute allows, design professionals who furnished labor, materials, or services to the project.
Overview of Massachusetts lien practice
Massachusetts imposes one of the more layered lien processes among the states, requiring claimants to track several distinct deadlines rather than a single filing date. The first step, a Notice of Contract or Notice of Subcontract, must be recorded by whichever comes earliest among 60 days after a Notice of Substantial Completion, 90 days after a Notice of Termination, or 90 days after last furnishing, so the controlling deadline is always the earliest applicable trigger rather than a fixed number of days. Subcontractors without a direct contract with the owner also carry an early obligation to serve a Notice of Identification within 30 days of first commencing work, well before the later filings come due. A Statement of Account must then be filed within 120 days of last furnishing, after which suit must be commenced within just 90 days or the lien dissolves automatically. On public projects, bond rights are limited to claimants with direct contractual privity to the prime or one of its subcontractors, leaving more remote parties without that recovery option. Given this complexity, Massachusetts claimants benefit from calendaring every trigger date the moment work begins.
Common pitfalls on Massachusetts projects
Skipping the Notice of Identification
Sub-tier subcontractors who fail to provide this notice within 30 days of commencing work limit their own lien rights later in the process.
Missing the earliest applicable trigger
The Notice of Contract or Subcontract deadline is always governed by whichever trigger event happens first, so relying on the wrong one can cause an untimely filing.
Letting the Statement of Account lapse into suit delay
Suit must be filed within 90 days of the Statement of Account or the lien is automatically dissolved.
Forgetting to record the attested complaint
An attested copy of the complaint must be recorded in the registry of deeds within 30 days of filing suit to keep the lien intact.
Massachusetts mechanics lien FAQs
When must a mechanics lien be recorded in Massachusetts?
The Notice of Contract or Subcontract must be recorded by the earliest of 60 days after Notice of Substantial Completion, 90 days after Notice of Termination, or 90 days after last furnishing, followed by a Statement of Account within 120 days of last furnishing.
Is preliminary notice required in Massachusetts?
Yes, subcontractors without a direct owner contract must serve a Notice of Identification within 30 days of first commencing work.
How long do I have to enforce a lien in Massachusetts?
Suit must be commenced within 90 days after filing the Statement of Account, or the lien is automatically dissolved.
What about Massachusetts public projects?
Bond claim rights are limited to claimants in direct contract with the prime contractor or with one of the prime's subcontractors.
Filing a Massachusetts mechanics lien or bond claim?
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This page is general information and not legal advice. Statutes change — verify against the official text linked above.