Massachusetts Construction Lien Guide
Massachusetts mechanics lien law is governed by Massachusetts General Laws, Chapter 254 (M.G.L. c. 254).
If you provide labor, materials, equipment, or professional services that improve real property in Massachusetts and are not paid, lien rights are available, but only if the statutory notice, filing, and service requirements are followed in strict sequence.
Massachusetts mechanics lien law is procedural and requires multiple filings, including a Notice of Contract and a Statement of Account, each with independent deadlines.
Keep in mind that Massachusetts Mechanics Lien and Construction Lien are commonly used to describe the same lien right.
LET’S LEARN THE BASICS OF MASSACHUSETTS CONSTRUCTION LIENS
⭐ Who Can File a Mechanics Lien in Massachusetts?
Massachusetts lien rights are available to general contractors, subcontractors, sub-subcontractors, material suppliers, laborers, and certain design professionals who furnish labor, materials, or services to improve private real property. Mechanics liens do not apply to public projects, which are governed by payment bond statutes.
⭐ Massachusetts Lien Deadlines (Critical)
In Massachusetts, a mechanics lien is created through a two-step process. First, the claimant must record a Notice of Contract to establish lien rights. Second, the claimant must record a Statement of Account to perfect the lien and state the amount owed. Both filings are mandatory, must be timely, and must be recorded in that exact order.
⭐ Deadline #1 — Massachusetts Notice of Contract (First Required Filing)
The Massachusetts Notice of Contract is the document that creates lien rights.
Who Must Send MA Notice of Contract: Any contractor, subcontractor, supplier, or design professional who wants to preserve lien rights.
Who Does NOT Need MA Notice of Contract: every lien claimant must file a Notice of Contract, even those with a direct contract with the owner.
Deadline of MA Notice of Contract:
The Notice of Contract must be recorded:
Within 90 days after the claimant last furnished labor or materials, AND
Before recording the Statement of Account
Where to File MA Notice of Contract:
The MA Notice of Contract is recorded with the Registry of Deeds in the county where the property is located.
⭐ Deadline #2 — Statement of Account (Actual Lien Filing)
The MA Statement of Account is the document that perfects the lien and states the amount owed.
Deadline.
The Statement of Account must be recorded within 120 days after the claimant last furnished labor or materials. A Statement of Account is invalid unless a timely Notice of Contract was recorded first.
⭐ Deadline #3 — Serve MA Notice of Contract and Statement of Account
Both MA Notice of Contract and Statement of Account (mechanics lien) must be served on the property owner.
Service of MA Notice of Contract and Statement of Account (mechanics lien) can be completed by certified mail, return receipt requested, or Sheriff or constable.
👉 Best practice (and what courts expect): serve immediately after recording each document and retain proof.
⭐ Deadline #4 — Enforce the Lien (Foreclosure Lawsuit)
If you still remain unpaid after recording MA mechanics lien, then you must file a lien enforcement (foreclosure) lawsuit within 90 days after recording the Statement of Account.
⚠️ If you do not file suit by this deadline, the lien expires automatically, even if the owner still owes you money.