How do I file a mechanic's lien in Massachusetts?

Massachusetts mechanic's liens are governed by M.G.L. Chapter 254 (§§ 1-33).

1. Who Can File

Contractors and subcontractors with written contracts, design professionals, equipment lessors, and persons furnishing labor or materials (M.G.L. c. 254 §§ 1, 2, 4). Massachusetts is unique in requiring a written contract.

2. Preliminary / Pre-Lien Notice

Subcontractors must record a Notice of Identification with the registry of deeds within 30 days after first performing work (M.G.L. c. 254 § 4). The general contractor records a Notice of Contract before final payment to perfect a § 2 lien. Failure to record Notice of Identification limits the sub's lien.

3. Recording the Lien

Record a Statement of Account (Statement of Amount Due) with the registry of deeds where the property is located, no later than the earliest of: (a) 90 days after the claimant last furnished labor or materials; (b) 90 days after the filing of a Notice of Substantial Completion (NOSC); or (c) 120 days after the filing of a Notice of Termination (M.G.L. c. 254 §§ 8, 2A). Statement must include claimant, amount owed, contract details, and property description.

4. Service on Owner

Massachusetts does not require formal post-recording service on the owner in the same way as other states, but recording itself constitutes constructive notice.

5. Suit to Foreclose

Commence a civil action to enforce the lien within 90 days after the Statement of Account is recorded, and an attested copy of the complaint must be recorded with the registry within 30 days of filing suit (M.G.L. c. 254 § 11).

6. Priority

The lien attaches as of the date of the written contract (or the recording of the Notice of Contract for subs) and takes priority over subsequent encumbrances (M.G.L. c. 254 § 7).

7. Bond Release

Owner may dissolve the lien by recording a surety bond or cash deposit conditioned to pay the amount claimed (M.G.L. c. 254 § 14).

8. Homestead / Residential

Residential single- to four-family owner-occupied homes still require a written contract; the homestead exemption (M.G.L. c. 188) does not block a mechanic's lien arising from labor or materials provided to improve the homestead.

9. Fraudulent Lien Penalties

A lien filed without basis may be dissolved on summary motion under M.G.L. c. 254 § 15A, and the claimant may be ordered to pay attorney's fees and damages.

This is legal information, not legal advice.