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Massachusetts Mechanics Lien Frequently Asked QuestionsMassachusetts Lien Documents are Easy to File with LienItNow.com  What is a Massachusetts mechanics' lien claim?In Massachusetts , liens filed on private
property are commonly
known as Massachusetts Mechanic's
Liens. When a
Massachusetts mechanics 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 Massachusetts 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
Massachusetts mechanics lien claim statement. Are pre-lien notices for a Massachusetts mechanics' lien Claim required?No, but a Massachusetts mechanics 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
Massachusetts mechanics 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 Massachusetts mechanics' lien Claim be filed?To file a valid
Massachusetts mechanics lien
claim, Massachusetts requires that the lienor
file 1) a notice of
contract and 2) a
statement of account.
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 Massachusetts 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 Massachusetts mechanics' lien Claim?LienItNow.com prepares, files
Massachusetts mechanics' liens for a fee of
$250.00 (+$100
additional fee if a
notice of contract must
also be filed).
Service of the Massachusetts mechanics 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 in order to file a Massachusetts mechanics lien? 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 attempting
to file a Massachusetts mechanics lien,
and that the work was
performed by virtue of a
contract or with consent
of the owner. How does filing a Massachusetts mechanics' lien Claim help me get my money?On a private project,
the Massachusetts mechanics' lien places an encumbrance on
the property that makes
it difficult to resell
or re-finance the
property without first
removing the Massachusetts mechanics lien. What is a Massachusetts 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 a Massachusetts 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 Massachusetts 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 a Massachusetts 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 a Massachusetts 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 Massachusetts 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. |
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