I'm the sub on a job in MA. The lien deadline calculator is telling me I have to file a Notice of Subcontract and then a Notice of Substantial Completion. Do I file these or does someone else? Do I file this before the lien? When I go to actually order the lien, it says I can file these both at the same time....Read More
Subject: Massachusetts Bond Claim Overview: Preliminary Notice Deadlines
20 Days
None, unless furnishing specially fabricated materials. If so, notice must be delivered to the prime contractor within 20 days of receiving the order for the specially fabricated materials.
Question: What is the date for receiving the order for the specially fabricated materials? Is this the date on that face of the PO or the later date when both companies sign, and date said PO?
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Hi there,
I have the following question please: what happen, if we (Subcontractor) has signed the contract with the General Contractor (GC), with a clause that is contradictory to the law ? Let me explain please: in our contract with the General Contractor, it is saying that we have to send the notice of identification before the first invoice that we will be sending to them. However, we already sent the first invoice since july 2021 and we haven't yet start any work on the construction site and neither provide any material yet to the GC. The law is saying: ''A Notice of Identification must be served within 30 days of your first day of work. The first day of work corresponds to the day when you begin furnishing labor or materials to a project.''. So, what should we do in that case ? Can we still send a notice of identification upon furnishing labor or material and disregard the clause in the signed contract ?
Thank you,
Ayesha...Read More
I have filled out the Notice of Subcontract and am preparing to send it to the registry of deeds in Massachusetts. Do I have to have the Notice of Subcontract served to the relevant parties *before* I file it at the Registry of Deeds?
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As an independent contractor, I was hired by the electrical subcontractor; SCS Inc. to assist them in acquiring new contract jobs with General Contractors from my personal network. I was successful in establishing a relationship with a GC, and ultimately acquiring the electrical contract job for my client; SCS Inc. I facilitated the singing and agreement between the General Contractor and subcontractor. The agreement established between me and my client the subcontractor; SCS Inc, is to be compensated a set percentage (10%) of the job acquired through my services. The owner of SCS Inc has declined to compensate me for my services, and therefore is in breach of our mutual agreement. To my knowledge, the GC is not aware of the situation and does not know that I am personally owed by the subcontractor. As I file a Notice of Identification both parties, the GC and Sub will be notified of my claim and my intention to ultimately file a lien. Should I contact the project manager (General Contractor) prior to filing, or just proceed and see how it plays out? The project takes place in Massachusetts. ...Read More
We understand the notice requirements where we are the Prime, and where we act as a subcontractor. However, where we are working for a homebuilder, please advise the requirements. We are not sure how to notice the homeowner [where there the home is being constructed, and therefore, not sold]. However, if the builder sells the house while we are completing work, may be too late to file a lien as the new homeowner would have gained title, and possible loan without the lien coming up in a title search. Do we file the lien before construction starts? Then issue a release of lien?...Read More
Hi I sent this question yesterday but got no reply.
Hi my original proposal on a project was for $14,900 with an add/alt to paint exterior railings for $2,100.
The GC sent me a contract for $24,900 adding into the contract painting of the stairwell steel and exterior hand rails.
We painted the steel in the stairwells and the exterior steel hand rails.
I finished a project in Medford Massachusetts on 6/01/18.
The owners kept asking for additional work.
I did the additional work and received CO # 1 on 5/07/18 for $15,300
I did the additional work and received CO # 2 on 8/06/18 for $6,240
On 10/10/18 I received a CO #3 from the GC deducting $10,000, saying that they added the $10,000 to the original contract. We painted the steel that they added to the original contract.
Can I still do a mechanic lien even though it’s past 90 days from completion even though they did not send me CO #3 until 10/10/18...Read More
I want to be sure we take care of the necessary steps before we ever have to file a Lien notice. From what I have read up on, we need to have a "Notice of Contract" in order to back up a Pirliminary Lien Notice before filing the actual Lien Notice. Is this correct? Would a Signed Job Proposal/Estimate with a Scope of Work and Payment Terms cover us for any of the following steps to cover us getting paid? We only send a Preliminary Lien Notice if a client is paying us accordingly, correct?...Read More
I am a Florida registered subcontractor who provided services for an owner/builder in Middleboro, MA. I have filed a Notice of Identification while we were working on site. Our last day on site was 4/13 and we have not been paid. I am looking to file a lien....Read More