Massachusetts Mechanic's Lien Template

Filing Deadline

Two-step filing. (1) NOTICE OF CONTRACT must be recorded by the EARLIEST of: 60 days after a Notice of Substantial Completion is recorded, 90 days after a Notice of Termination is recorded, OR 90 days after the claimant last performed work or furnished materials. (2) STATEMENT OF ACCOUNT must be recorded by the EARLIEST of: 90 days after a Notice of Substantial Completion, 120 days after a Notice of Termination, OR 120 days after the claimant last performed work or furnished materials. Both must be recorded in the Registry of Deeds where the property sits.

Clock starts: Clock typically runs from the claimant's last day of labor/materials on the project, unless the owner has recorded a Notice of Substantial Completion or Notice of Termination (which accelerate the deadlines).

Where to Record

Registry of Deeds for the county/registry district where the real property is located (Massachusetts has 21 registry districts). For Suffolk County (Boston), file at the Suffolk County Registry of Deeds, 24 New Chardon Street, Boston, MA. If the property is in Registered Land (Land Court / Torrens), file in the Land Court Registry section of that same Registry of Deeds.

Notarization

Conditional — see state rule.

The 1996 amendment to MGL c. 254 removed the express statutory 'signed and sworn' notarization requirement. However, several Massachusetts Registry of Deeds offices have internal recording standards t

Service Requirement

After recording the Notice of Contract, a non-GC claimant must serve a copy of the recorded Notice of Contract on the owner of record — standard practice is certified mail, return receipt requested, with the marginal/book-page reference shown. The Statement of Account is recorded and there is no separate post-recording service mandate, but best practice is to also send a stamped copy to the owner and any upstream contractor by certified mail. The Notice of Identification (for sub-tier claimants) must be served on the GC by certified mail, return receipt requested, within 30 days of commencing work.