“Levelset takes something that is pretty complex and makes it easy.”
$29 for a limited time
A Notice of Contract must be filed after the contract is executed, and no later than the earliest of:
Notice cannot be sent late, and must be filed with the register of deeds.
General contractors are not required to send preliminary notice on public projects.
Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.
Second-tier or lower subs as well as suppliers must provide notice of identification to prime contractor within 30 days of commencing work.
All suppliers must file a notice of subcontract after the contract is executed, and no later than the earliest of:
Notice cannot be sent late, and must be delivered to the GC.
Subs don't have to send notice on public projects. However, parties furnishing specially fabricated materials are required to send a preliminary notice to gain protection in the event the materials are not ultimately delivered or installed.
There are two types of potential preliminary notices that claimants may use to secure lien rights in Massachusetts a Notice of Identification and a Notice of Contract.
Notice of Identification
All claimants who didn’t contract with the general contractor should send a Notice of Identification to secure the maximum amount of lien protection. If given, the claimant is entitled to a full-price lien. If not, the claimant’s lien will be limited to the unpaid balance to the 1st-tier sub at the time the claimant files its Notice of Contract.
Notice of Contract/Subcontract
All claimants who have a written contract with the owner, contractor, or subcontractor must file a notice of contract (or subcontract when applicable) in order to be able to file a mechanics lien.
Notice of Identification
A Notice of Identification, for parties required to provide it, should be provided to the general contractor within 30 days of first furnishing labor or materials to the project.
Notice of Contract/Subcontract
A Notice of Contract (or subcontract) must be filed after the contract is executed, and no later than the earliest of either:
• 60 days after the filing of the Notice of Substantial Completion,
• 90 days after the filing of the Notice of Termination, or
• 90 days after last furnishing labor or materials to the project.
Note, however, to best protect their rights, lien claimants should file the Notice of Contract as quickly as possible after entering into a contract, because the lien may be limited to the amount due to the general or sub at the time the notice is received.
Notice of Identification
The Notice of Identification must be sent to the general contractor on the project.
Notice of Contract/Subcontract
A Notice of Contract must be filed in the Registry of Deeds office in the county where the property is located. Also, if the claimant wasn’t hired directly by the property owner, a copy of the notice must be served on the property owner as well.
Notice of Identification
The statute governing the MA Notice of Identification is Mass. Gen. Laws ch. 254 §4, and should contain the following information:
• Claimant’s name & address;
• Hiring party information;
• Property description; &
• Amount or estimated amount of contract.
→ Download a free Massachusetts Notice of Identification form here
Notice of Contract
The statute governing a MA Notice of Contract is Mass. Gen. Laws ch. 254 §2, and should contain the following information:
• Claimant’s name & address;
• Date of contract;
• Owner’s information;
• Property description; &
• Required notice language.
→ Download a free Massachusetts Notice of Contract form here
Notice of Subcontract
The statute governing the MA Notice of Subcontract is Mass. Gen Laws. ch. 254 §4 and should include the following information:
• Claimant’s name & address;
• Date of contract;
• Hiring party’s information;
• Property owner’s information;
• Property description;
• Account of the contract as of the date of the notice; &
• Estimated/agreed contract price, approved change order amount, payments received, other credits due, and disputed claims/extras.
• Required notice language.
Notice of Identification
A Notice of Identification must be served on the general contractor by certified mail, with return receipt requested.
Notice of Contract/Subcontract
The Notice of Contract must be filed in the registry of deeds in the county where the property is located. Lien claimants without a contract with the property owner must also send the notice to the property owner by certified mail, return receipt requested.
Massachusetts notices are considered delivered when deposited in the mail in the proper method and recorded when recorded.
Notice of Identification
If the Notice of Identification is not provided in the proper time period, the lien claimant is limited to the amount due to the first-tier subcontractor at the time the lien claimant files his Notice of Contract.
Notice of Contract/Subcontract
Failure to file the Notice of Contract timely is fatal to the lien claim. Even if filed timely, if payments are made by the owner or the general contractor abandons the project before the Notice of Contract is filed, the lien claimant may be limited in the amount of his lien claim.
A preliminary notice is not generally required on public works projects in Massachusetts.
However, there is an exception for claimants who provide specially fabricated materials to a subcontractor. The timely giving of this notice enables the claimant to make a claim for the purchase price of the materials less salvage value, even if not delivered or installed in the project.
If sent by a specially fabricated material supplier, the notice must be provided within 20 days after receiving final approval in writing for the use of the materials.
The Massachusetts Notice of Specially Fabricated Materials must be provided to the prime contractor (GC) on the project.
The MA Notice of Specially Fabricated Materials is governed by Mass. Gen Laws. ch. 149 §29, and should contain the following information:
• Claimant’s name & address;
• Prime contractor’s information;
• Hiring party’s information;
• Notice of placement of the order;
• Description of materials being specially fabricated; &
• Dollar amount of the order.
→ Download a free Massachusetts Notice of Specially Fabricated Materials form here
Registered or certified mail, postage prepaid in an envelope addressed to the contractor principal to any place at which the contractor maintains an office or business; or in any manner in which civil process may be served.
It is best practice to ensure actual receipt of the notice, as it is unclear what consequences stem from the general contractor’s refusal of service.
It is not entirely clear if the failure to give preliminary notice timely bars the specially fabricated material supplier from making a bond claim.
It appears that the claimant may still make a claim for specially fabricated materials that were properly constructed, delivered, and installed.
The claimant will not, however, be able to recover for specially fabricated materials that are not actually installed in the project.
If this is a subcontractor's lien under G.L. c. 254 s. 4, you give notice to the owner that you have recorded the Notice of Contract after you record it.
A Notice of Indentification isn't required to have the right to file a MA mechanics lien, but it will greatly increase the amount of protection (i.e. value recoverable under your lien claim). We recommend that anyone who was hired by a subcontractor in Massachusetts to send this notice on every project.
A sub-sub's lien claim in Massachusetts is limited to the unpaid balance owed to the 1st tier sub at the time the subcontractor a Notice of Contract is filed. However, if the Notice of Identification is sent properly, and the subcontractor ultimately files a lien, the amount secured will be the amount owed to the GC.
So how does one "send a Notice of Identification properly?"
The notice must be sent to the GC and the owner by certified mail with return receipt requested, within 30 days of first furnishing labor or materials to the project.
A Notice of Identification needs to be provided by anyone who did not contract directly with the general contractor or property owner (i.e. a party who was contracted by a subcontractor) within 30 days of first providing labor and services on a project. Failure to give the notice limits the project participant to the amount due to the 1st tier subcontractor at the time the lien claimant files his notice of contract.
There are additional requirements for project participants in Massachusetts but whether the requirements are “notice” requirements, or a 1st step to the lien claim itself is up for debate. However, taxonomy debate notwithstanding, a notice of contract (or subcontract) must be filed by all parties who have a written contract with the owner, general contractor, or subcontractor. This notice must be filed in the Registry of Deeds and, if the lien claimant does not have a contract with the property owner, it must be provided to the property owner as well. This is a prerequisite to filing the “statement of account” which, depending on point of view is either the mechanics lien claim itself, or the second part of the filing that completes the document with the notice of (sub)contract.
A Notice of Contract (or subcontract) must be filed after the contract is executed, and no later than the earliest of 1) 60 days after filing of the Notice of Substantial Completion, 2) 90 days after the filing of the Notice of Termination, or 3) 90 days after last furnishing labor or materials to the project. However, like with notice requirements in other states, this deadline, while being the last possible date by which a valid notice may be sent (or filed) does not represent the best practice date for compliance with the requirement. Participants on Massachusetts jobs should consider filing the notice of (sub)contract as early as possible after the contract is signed, because any future lien claim lien may be limited to the amount due to the general or sub at the time the notice is received.
Read the guide to preliminary notices in Massachusetts. The guide takes you through the form in general: who needs to send one, when it must be sent, and who it must be sent to.
In Massachusetts, the preliminary notice you send depends on your role in the project. Whether you need a notice of subcontract, a notice of identification, a notice of written contract, or a general Massachusetts preliminary notice form, you can find them at the Construction Payment Resources page for Massachusetts.
Make sure you get everything right. Although the form doesn’t require much information, making a mistake at this stage could mean you lose your right to file a mechanics lien late. Triple check the form before you send it to ensure the information is 100% accurate.
Each preliminary notice in Massachusetts has different deadlines and delivery methods. On top of that, some notices may need to be recorded.
Send your notice following the guidelines for the notice type you need to file, and make you retain proof of proper service.
Select Preliminary Notice document.
Provide basic job information.
Levelset sends the document for you. Postage included!