Massachusetts Mechanics’ Lien FAQs
Last updated on February 20, 2026
In Massachusetts, a mechanic’s lien can be sought by a general contractor, subcontractor, sub-subcontractor or professional service provider who provides either materials or labor for the construction, repair, renovation or removal of a structure on land.
Understanding a mechanic’s lien in Massachusetts can be very confusing, simply because the law in this area is complex. That said, many individuals often wonder if they can file for a mechanic’s lien. This section aims to answer some of the most common questions asked by those looking to file a mechanic’s lien in Massachusetts.
If you have any additional questions, call our commercial collection attorneys at 508-763-6604 or contact us by email. From our office in Framingham, we serve clients throughout Greater Boston and all of Massachusetts.
What’s The Ideal Time To File A Mechanic’s Lien?
According to the law in Massachusetts, when a mechanic’s lien must be filed depends on whether you have directly contracted with the owner of the property. Generally, a notice of contract must be recorded no later than 90 days after you have supplied materials and/or labor to the job site. Despite these 90 days, if you have not contracted directly with the owner, you risk the owner paying the full contract sum to the general contractor, or the general contractor abandoning the job site, before you give the owner notice of your lien. In either event, you could be within your statutory rights but still be out of luck when it comes to perfecting your lien rights.
Am I Required To Send The Property Owner A Copy Of The Notice Of Contract, The Initial Recording Necessary To Perfect A Mechanic’s Lien In Massachusetts?
It depends. How is that for a lawyerly response!!
It depends on your situation. Experienced mechanic’s lien attorney Alan M. Cohen can provide you with the advice and representation you need in such situations. Generally, general contractors do not have to provide the property owner a copy of the notice of contract, although, as a practical matter, it is a good idea. Anyone other than a general contractor is required by the Massachusetts mechanic’s lien statute to provide the property owner with actual notice of the mechanic’s lien document you have recorded at the registry of deeds with proper marginal referencing. To do that, you can send a copy of the lien to the owner of the property via certified mail and request a return receipt (this could come in handy as evidence later on).
For How Long Is The Massachusetts Mechanic’s Lien Effective Without Filing Suit?
In Massachusetts, if you have not filed suit within 90 days after you have recorded the statement of account – the document that specifies the exact principal amount you are owed for the labor and materials provided to the property – your mechanic’s lien rights, as a matter of law, expire. Following the filing of the complaint, the claimant must record an attested copy of the complaint for enforcement of the lien in the registry of deeds within 30 days from the commencement of the action (filing suit).
Priority Of A Lien Over Construction Loans Or Preexisting Mortgages?
Normally, a mechanic’s lien for personal labor will not hold priority over a mortgage unless the work began before the recording of the mortgage. That said, a lien by a general contractor in Massachusetts will only have priority over a mortgage if the notice of contract was recorded sometime before the mortgage funds were advanced. Apart from this, there could be a few other minor conditions that could impact the priority of a mechanic’s lien in Massachusetts.
In the case of competing mechanics liens, if there are not sufficient funds to cover the claims during a foreclosure action, all proceeds shall be distributed on a pro rata basis.
What About The Lawyer’s Fees And Other Expenses?
According to the Massachusetts mechanic’s lien law, interest, costs and the collections attorney’s fees are not to be included in the total mechanic’s lien amount. The reason for this is that the Massachusetts Mechanics’ Lien statute provides you with the extraordinary ability to file a lien against property owned by a person or entity with which you may have no contractual relationship (unless you are the general contractor). The Massachusetts Mechanics’ Lien statute, as interpreted by Massachusetts courts, only allows liens to the extent that the supplies or labor improved the property. Obviously, interest accruing on an unpaid bill and the cost of your collection attorney do not usually improve a property.
What Is A ‘Legal Property Description’?
Under Massachusetts mechanic’s lien law, the lien is required to contain a brief description of the property. In other words, it must be a description that has been provided in the appropriate title documents located at the registry of deeds.
Does The Lien Need To Be Notarized In Massachusetts?
The Massachusetts law on mechanics’ liens was amended in 1996. So, the part that stated that the statement of account had to be signed and sworn to was removed. However, Massachusetts law does require that a ‘just and true’ statement be filed by the claimant in the registry of deeds, either in the county or district where the land is located. Attorney Alan M. Cohen recommends that notices of contract and statements of account be signed before a notary public.
What If I’m Not Licensed?
There’s no specific law in Massachusetts that requires the mechanic’s lien claimant to be licensed to be eligible to file a mechanic’s lien. That being said, someone who is required by the state to be licensed to carry out their work might be penalized for not meeting this requirement.
Lien Cancellation After Being Paid?
Under Massachusetts mechanics lien law, once payment is made, the creditor’s rights counsel, Alan M. Cohen, can prepare a notice of dissolution of lien. Unlike discharges of real estate attachment, which the experienced collection attorney can sign directly, the creditor must sign the notice of dissolution of lien.
Are There Any Waiver Rules On Liens In Massachusetts?
The Massachusetts mechanics’ lien law statutorily mandates that all parties on construction projects use legislatively designed construction lien waiver forms or equivalent documents. Massachusetts is one of only a few states that require this by law. It is extremely important to note that using a lien form that does not comply with the hyper-technical statutory requirements of the Massachusetts mechanics’ lien law risks creating a defective lien that could nullify or impair your rights under this statute. Not only that, a contractor or supplier may end up in significant legal trouble due to this simple mistake. This is why it is always advised to hire a knowledgeable Massachusetts mechanic’s lien attorney like Alan M. Cohen, who excels at handling lien cases in the state and collecting delinquent construction debts.
What Is A Preliminary Notice?
Under Massachusetts mechanic’s lien law, specific preliminary notice requirements are a prerequisite to filing a lien. These notification stipulations vary depending on whether you have contracted with the owner, the general contractor or a subcontractor.
A ‘notice of contract’ form must be recorded as the first “public” notification of your lien rights. If your agreement is not directly with the property owner, you must provide actual notification of the ‘notice of contract’ to them.
Another preliminary filing is called a ‘notice of identification.’ This document must be provided to the general contractor and owner by any party who has an agreement with a subcontractor or another party, but lacks a direct contract with the primary contractor. The ‘notice of identification’ is required to be given at least 30 days from the first furnishing of materials or labor. This is a very important provision, since failure to submit this notification significantly limits the lien claimant to the amount due to the first-tier subcontractor at the time the notice of contract is filed by that party.
When’s The Right Time To Send A Preliminary Notice?
For parties required to provide the Notice of Identification, it should be provided to the general contractor at least 30 days before the initial furnishing of materials or labor on the project. The notice of contract (subcontract) is required to be filed after the execution of the contract. Further requirements include the subcontract being filed no later than the earliest of the following: 1) 60 days after the filing of the notice of substantial completion; 2) 90 days after the filing of the notice of termination; or 3) 90 days after the last furnishing of materials or labor to the project. For the protection of their rights, claimants of liens are required to file the notice as soon as possible after entering into a contract, since the lien might be limited to the amount due to the general contractor or the subcontractor at the time the notice is received.
What If The Preliminary Notice Is Sent Late?
If the lien claimant fails to provide the Notice of Identification within the proper time period, they will be limited to the amount due to the 1st tier subcontractor at the time the lien claimant files the notice of contract. Failure to file the notice of contract within the specified time can be fatal to the lien claim in Massachusetts. Besides that, even when filed in a timely manner, the lien claimant may be limited in the amount of their lien claim if the payments are made by the owner or if the general contractor abandons the project before the notice of contract is filed.
How To Send A Preliminary Notice?
A Notice of Contract must be recorded in the registry of deeds in the county where the property is located. A lien claimant who does not have a contract with the property owner must send the Notice of Contract to the property owner via certified mail. The Notice of Identification should be provided to the general contractor and the owner via certified mail. Both mailings should include a request for a return receipt. The Notice of Contract must be filed in the registry of deeds; the Notice of Identification must be provided to the general contractor. In Massachusetts, notices sent by certified mail are generally considered received, and notices recorded in the registry of deeds are considered officially recorded.
What About Filing A Bond Claim In Massachusetts?
In Massachusetts, bond claims can only be filed when the contractor, owner or subcontractor has obtained and recorded a payment bond that ensures every contractor will receive payment for work performed on a project. Payment bonds issued by sureties for a construction project also have specific timing requirements. That being said, most require the claimant to submit their claim against the bond within 90 days of the claimant’s last date of work at the site. A bond claim is far more effective than a lien claim in certain cases simply because the payment bond acts as a guarantee that payment will be made for the work completed on the site. When a lien bond is filed to protect the property from mechanics’ liens, you must follow the requirements of the Massachusetts Mechanics’ Lien statute to protect your rights under the lien bond.
Ending Note
A lien on a property might be the most important legal document your company ever files. Given that legal provisions for mechanics’ liens vary across U.S. states, the information above should provide a clearer understanding of these claims in Massachusetts. This will help you make a more informed decision before filing such a claim. To find out more about how we assist our clients in preparing, filing, perfecting and enforcing these claims in Massachusetts, call the Law Offices of Alan M. Cohen & Associates LLC at 508-763-6604. You can also email us using our contact form.