Massachusetts Lien Frequently Asked Questions

What is a mechanics’ lien claim?

Liens filed on private property are commonly known as Mechanic’s Liens, and in Massachusetts are also known as a “statement of account.” When a lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.

Who can file a Mechanics’ Lien Claim?

Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a lien claim statement.

Are pre-notices for a Mechanics’ Lien Claim required?

No, but a lien by a lower tier subcontractor or supplier with no direct contractual relationship with the general contractor may be severely limited if that party fails to file a notice of identification within 30 days after commencing work on the project. If a notice of identification is not filed by a lower tier subcontractor or supplier, such parties cannot obtain or enforce liens in amounts excess of the unpaid balance of the subcontract between the general contractor and the intermediate subcontractor at the time of recording of the notice of contract.

When should a Mechanics’ Lien Claim be filed?

The notice of contract must be filed with the land records of the county where the property is located no later than the earliest of 1) 60 days after the filing of a notice of substantial completion, 2) 90 days after the filing of a notice of termination, or 3) 90 days after the last furnishing of labor and/or materials for the project.

To complete the filing of a mechanics’ lien, the lienor must then record a statement of account in the land records of the county where the property is located, no later than the earliest of 1) 90 days after the filing of a notice of substantial completion, 2) 120 days after the filing of a notice of termination, or 3) 120 days after the furnishing of labor or materials.

How much does it cost to file a Mechanics’ Lien Claim?

LienItNow.com prepares, files Massachusetts Mechanics’ Liens for a fee of $250.00  (+$100 additional fee due to increased state filing fee requirements). Service of the lien is not included in this price, but LienItNow.com will have the lien served for an additional charge.

Do I need a written contract?

 Oral contracts are sufficient if you have sufficient documentation to show the existence of an agreement or that you performed the work for which you are liening, and that the work was performed by virtue of a contract or with consent of the owner.

How does filing a Mechanics’ Lien Claim help me get my money?

On a private project, the mechanics’ lien places an encumbrance on the property that makes it difficult to resell or re-finance the property without first removing the lien.

What is a Stop Notice and why should it be filed?

LienItNow.com prepares and serves Massachusetts Stop Notices for a fee of $100.00.  A Stop Notice is a notification that has the ability to enhance the effectiveness of a mechanic’s lien. A Stop Notice, or a notice to withhold funds, is sent to the company that is financing or funding the construction funds for a project. Once that company receives the Stop Notice, that company has notice that it should withhold sufficient money to satisfy the stop notice claim. The purpose of the Stop Notice is to provide the lender, financiers or funders of the construction project notice that there is money owed to a contractor, subcontractor or supplier so that an inquiry can be made as to why that money is not being paid.

What is an Amendment to a Mechanics’ Lien Claim?

LienItNow.com prepares, files and serves Massachusetts Amendments to Mechanics’ Lien Claims for a fee of $225.00.  Amendments to a mechanics’ lien claim are often needed when something about the claim changes.  Common changes to a lien claim are increases or reductions in the amount due to the lienor, or a change to the last date of work.

When should a Discharge of Mechanics’ Lien claim be filed?

LienItNow.com prepares, files and serves Massachusetts Discharges of Mechanics’ Lien Claims for a fee of $75.00.  Once the lienor has been paid the amount contained in its lien claim, or has come to an agreement that requires the lien claim to be removed from the property records, a Discharge of Mechanics’ Lien Claim should be filed.

How much does it cost to file an Extension of a Mechanics’ Lien Claim?

LienItNow.com prepares, files and serves extensions of Mechanics’ Lien Claims for a fee of $75.00.  All lien claims expire after a certain period of time, and filing an extension of the mechanics’ lien claim prolongs the expiration date.  Massachusetts law, however, does not permit an extension of mechanics’ lien claims.

Can I file a Bond Claim on the Project?

LienItNow.com prepares, files and serves Massachusetts Bond Claims for a fee of $250.00.  Bond claims can only be filed on a project where the owner, contractor or subcontractor has obtained a payment bond to ensure that every contractor receives payment for the work performed on the Project.  The payment bonds issued by sureties for construction projects have specific timing requirements, but most require claimants to submit claims against the bond within sixty to ninety days from the claimants’ last date of work.  Bond claims are more effective than a lien claim because the payment bond acts as a guarantee that payment will be made for work properly completed.

Do I need to file a Pre-Notice to make a claim against a payment bond?

LienItNow.com prepares, files and serves Massachusetts Pre-Notices for bond claims for a fee of $50.00.  Depending on the terms of the payment bond, pre-notices may or may not be required.  LienItNow.com recommends that, prior to or immediately after starting work or delivering materials to a project, subcontractors and suppliers, file a pre-notice that it is a potential beneficiary of the construction project’s bond.