Step 1 — Determine Your First and Last Dates of Work
Massachusetts mechanics lien deadlines depend on both your first and last dates of furnishing labor or materials, making accurate recordkeeping essential. Your last date of furnishing controls the deadlines to record the Notice of Contract and the Statement of Account, while your first date of work may be required to be disclosed in the lien filings themselves.
Step 2 — Record the MA Notice of Contract
The MA Notice of Contract is the document that creates lien rights in Massachusetts. It must be recorded with the Registry of Deeds within 90 days of your last furnishing of labor or materials. This filing puts the owner and the public on notice that you are performing work on the property and may assert a lien if unpaid. If the Notice of Contract is not timely recorded, no mechanics lien can exist, regardless of any later filings.
Step 3 — Record the MA Statement of Account (mechanics lien)
The Statement of Account must be recorded within 120 days of your last furnishing of labor or materials and must be consistent with the earlier Notice of Contract. Filing a Statement of Account without first recording a valid Notice of Contract may result in an invalid lien, even if the Statement of Account itself is timely.
Step 4 — Serve the Owner
After recording the MA Notice of Contract and Statement of Account, copies of both documents must be served on the property owner. Service may be completed by certified mail (return receipt requested) or by sheriff or constable. While Massachusetts law does not impose a fixed number of days for service, courts require that service be completed promptly and properly, and failure to do so can defeat lien rights. Proof of service should always be retained in case the lien is challenged.
Step 5 — Enforce the Massachusetts Mechanics Lien
Recording a mechanics lien does not automatically result in payment. To preserve the MA lien, the claimant must file a foreclosure lawsuit within 90 days after recording the Statement of Account. If enforcement is not timely commenced, the lien expires by operation of law, even if the owner still owes money and does not dispute the debt.