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MASSACHUSETTSMechanic's LienPreLien2LienTemplate Updates

MASSACHUSETTS gets new notices, custom template technology (CTT)

By August 27, 2008No Comments

The history of Boston is incredible for me. Whenever I have stayed overnight in the city I have tried to take in a jog or walk in the neighborhood near my hotel. Four times I have eaten at the Union Oyster House, America’s oldest restaurant. I have enjoyed jogging or walking around Boston Common, marveling at contrast of beautiful old brownstone homes with a tranquil park across the street. Once I even got to smoke a locally bought cigar in a hottub on Cape Cod one cold Winter evening.

I just finished entirely writing for PreLien2Lien thirty-four (34) new notices for the state of MASSACHUSETTS.  They also have (CTT) Custom Template Technology, enabling each template notice to be customized for a one-time $50 fee. 

According to MASSACHUSETTS General Laws Chapter 254 § 4,  Subcontractors not in direct contract with the Prime Contractor must send a Notice Of Identification by certified mail to the Prime Contractor within thirty (30) days of providing labor or rental equipment in order to potentially file a future lien. There are also several lien laws that affect the time period contractors have to file a lien. 

Notice Of Substantial Completion: MASSACHUSETTS General Laws Chapter 254 § 2A mandates that an Owner or General/Prime Contractor may record the Notice Of Substantial Completion at any time after the completion of a work of improvement. A recorded copy needs to be sent by certified mail to anyone (Subcontractors) involved with the project who previously/and or have not but are entitled to file a Notice Of Contract. The Notice Of Substantial Completion begins the sixty (60) day time period for commencing lien proceedings.

Notice Of Termination: MASSACHUSETTS General Laws Chapter 254 § 2B mandates that an Owner may record the Notice Of Termination at any time before a Notice Of Substantial Completion is recored. A recorded copy needs to be sent to by certified mail by the Owner to the General/Prime Contractor and anyone (Subcontractors) involved with the project who previously/and or have not but are entitled to file a Notice Of Contract. The Notice Of Termination begins the ninety (90) day time period for commencing lien proceedings.

General/Prime Contractors (Private Projects): MASSACHUSETTS General Laws Chapter 254 § 2 mandates that a Prime Contractor may record the Notice of Contract at any time after execution of the written contract whether or not the date for performance stated in such written contract has passed and whether or not the work under such written contract has been performed, but not later than the earliest of:
1. sixty days after filing or recording of the Notice Of Substantial Completion
2. ninety days after filing or recording of the Notice Of Termination
3. ninety days after such person or any person by, through or under him last performed or furnished labor or materials or both labor and materials.

General/Prime Contractors can file in conjunction with a Notice Of Contract a Statement Of Account.  MASSACHUSETTS General Laws Chapter 254 § 8 mandates that a Prime Contractor must record a Statement Of Account with the Registry Of Deeds in the county where the improvement is located no later than the earliest of:
1. ninety (90) days after filing or recording of the Notice Of Substantial Completion
2. one hundred twenty (120) days after filing or recording of the Notice Of Termination
3. one hundred twenty (120) days after such person or any person by, through or under him last performed or furnished labor or materials or both labor and materials.

Subcontractors (Private Projects): MASSACHUSETTS General Laws Chapter 254 § 4 mandates that a Subcontractor may record the Notice Of Contract at any time after execution of the written contract whether or not the date for performance stated in such written contract has passed and whether or not the work under such contract has been performed, but not later than the earliest of:
1. sixty (60) days after filing or recording of the Notice Of Substantial Completion
2. ninety (90) days after filing or recording of the Notice Of Termination
3. ninety (90) days after such person or any person by, through or under him last performed or furnished labor or materials or both labor and materials.

Subcontractors can file in conjunction with a Notice Of Contract a Statement Of Account.  MASSACHUSETTS General Laws Chapter 254 § 8 mandates that a Subcontractor must record a Statement Of Account with the Registry Of Deeds in the county where the improvement is located no later than the earliest of:
1. ninety (90) days after filing or recording of the Notice Of Substantial Completion
2. one hundred twenty (120) days after filing or recording of the Notice Of Termination
3. one hundred twenty (120) days after such person or any person by, through or under him last performed or furnished labor or materials or both labor and materials.

General/Prime/Sub Contractors (Private Projects): MASSACHUSETTS General Laws Chapter 254 § 10 mandates that General/Prime Contractors and Subcontractors who previously filed a Notice Of Contract use a Partial Waiver And Subordition Of Lien to waive all future lien rights except retainage through a payment period.