In the state of Massachusetts, lien laws protect contractors and suppliers in the event of payment disputes and other issues. The state possesses numerous statutes regarding the procedures and deadlines required to establish lien claim rights in the state. Every person and entity involved in the construction industry in the state of Massachusetts should be aware of these timelines and abide by them.
Preliminary notice must be provided by primary contractors in Massachusetts and filed within sixty (60) days of filing any notice of substantial completion or ninety (90) days following the last date on job site.
Claims of lien require statements of accounts to be issued before the lapsing of ninety (90) days following the notice of substantial completion or after one hundred and twenty (120) days after filing the notice of termination or last day of labor or supplying materials to a site. Actions to enforce a lien claim must start no less than ninety (90) days following the recording of accounts filing and must be filed in the jurisdiction of the county where the property is located in no more than thirty (30) days.
Preliminary notice by subcontractors with no direct and established relationship with a primary contractor are required to give notice of identification to primary contractor thirty (30) days after starting work on a given project. A notice of sub contract must be notated within sixty (60) days of notice of substantial completion, within ninety (90) days of notice of termination, or within ninety (90) days following the last date on actual site, along with notice to owner.
Claim of lien by sub contractors requires statement of accounts to be made before ninety (90) days following notice of substantial completion, one hundred and twenty (120) days following notice of termination, or one hundred and twenty (120) days following last day on site or providing materials. Enforcement of liens must begin no more than ninety (90) days following statement of accounts and must be placed in land records of county of appropriate jurisdiction no more than thirty (30) days later.
Materials suppliers follow the exact same schedule and procedure for establishing and making lien claims in the state of Massachusetts as sub contractors in the state for both preliminary notice requirements, claims of liens, and enforcing lien claims.