Massachusetts Notice of Identification & Mechanic's Lien — M.G.L. c. 254 § 4 / § 8 / § 5 Filing Guide (2026)
What Is the Massachusetts Mechanic's Lien Framework and How Does the Lien Workflow Operate?
Massachusetts's mechanic's lien framework is M.G.L. c. 254. For a lower-tier claimant the workflow runs in four steps: (1) the § 4 Notice of Identification — given to the original contractor within 30 days of first furnishing if the claimant has no direct contract with that contractor; (2) recording the § 2 / § 4 Notice of Contract in the registry of deeds; (3) recording the § 8 Statement of Account in the same registry; and (4) commencing the § 5 enforcement action within 90 days of the Statement of Account and recording the attested complaint copy within 30 days. Underlying all of it is the threshold requirement that the claimant performed under a written contract — without one, there is no § 2 or § 4 lien. Massachusetts is distinctive in three respects: the absolute written-contract requirement, the multi-document registry recording (Notice of Identification, Notice of Contract, and Statement of Account), and the project-wide deadline triggers under which the 90-day and 120-day clocks run from the last day anyone furnished labor or materials to the project and the owner can shorten them with a § 2A or § 2B notice.
Who Must Give a Massachusetts Notice of Identification
The Notice of Identification under c. 254 § 4 is required of claimants who furnish labor or materials but have no direct contract with the original (general) contractor — second-tier subcontractors, sub-subcontractors, and suppliers to a subcontractor. A lower-tier claimant must deliver a written Notice of Identification to the original contractor within 30 days of first performing labor or furnishing materials, identifying the claimant and the party that hired it. A lower-tier claimant who fails to give the Notice of Identification has its lien limited to the amount due under the subcontract between the original contractor and the subcontractor whose work includes the claimant's work — often little or nothing. A general contractor in a written contract with the owner (§ 2) and a subcontractor in a written subcontract directly with the original contractor (§ 4) do not give a Notice of Identification; their relationship to the original contractor is already direct, and they proceed straight to the Notice of Contract and Statement of Account recordings.
The Written-Contract Requirement — Massachusetts's Threshold Trap
Massachusetts is one of the strictest written-contract states in the country. A lien under § 2 (general contractor) or § 4 (subcontractor) exists only if the claimant performed under a written contract. An oral agreement, a handshake deal, an unsigned proposal, or a verbal change order performed outside the written scope will not support a § 2 or § 4 lien. The only exception is the narrow personal-labor lien under § 1, which protects an individual's own wages without a written contract but is rarely adequate for a contracting business. Because the written-contract rule is absolute and cannot be cured after the fact, the safe practice is to obtain a signed written contract and signed written change orders before performing any work for which lien rights may later matter.
§ 2 / § 4 Notice of Contract, § 8 Statement of Account, and the § 5 Enforcement Deadline
After the Notice of Identification (for lower tiers) and on the strength of a written contract, the lien is created and perfected by two registry recordings. The § 2 / § 4 Notice of Contract must be recorded in the registry of deeds for the county or registry district where the property lies, no later than the earliest of 60 days after a § 2A Notice of Substantial Completion, 90 days after a § 2B Notice of Termination, or 90 days after the last day labor or materials were furnished to the project. The § 8 Statement of Account must then be recorded no later than the earliest of 90 days after substantial completion, 120 days after termination, or 120 days after last furnishing. Under § 5, the lien is dissolved unless the claimant commences a civil action to enforce within 90 days of recording the Statement of Account and records an attested copy of the complaint (a lis pendens) within 30 days of filing, in the Massachusetts Superior Court for the county where the property lies. The 90-day and 120-day windows run, at the outside, from the project's last furnishing, not the claimant's own, and the owner can shorten them by recording a § 2A or § 2B notice. Massachusetts has 14 counties and 21 registry of deeds districts; the largest markets are Suffolk (Boston), Middlesex (Cambridge, Lowell, Framingham, Newton), Worcester, Essex (Lynn, Lawrence), Norfolk (Quincy), Bristol (New Bedford, Fall River), Hampden (Springfield), and Barnstable (Cape Cod).
The Massachusetts Lien-Fund Limit
A Massachusetts mechanic's lien is a lien-fund lien. A subcontractor's lien reaches only the amount due, or to become due, from the owner to the original contractor (and, for lower tiers, the amount owed up the contractual chain) as of the time the lien is perfected — not the full amount the claimant is owed in the abstract. If the owner has already paid the general contractor in full, there may be little or no fund for the subcontractor's lien to attach to. A subcontractor who records the Notice of Contract before the owner disburses the contract balance preserves a larger fund, and a lower-tier claimant that skipped the § 4 Notice of Identification is further capped at the amount due under the subcontract that includes its work. This is why Massachusetts claimants pair every lien with breach-of-contract and Prompt Pay Act claims, which are not limited by the lien fund.
Filing Fees and Where to File
The § 2 / § 4 Notice of Contract and the § 8 Statement of Account are recorded with the registry of deeds for the county or registry district where the property is located — and, for registered (Land Court) land, with the registry district's registered-land section. Massachusetts registry recording fees for a Notice of Contract or Statement of Account are generally a modest per-document fee (commonly in the $75–$105 range), and serving the § 4 Notice of Identification on the original contractor by certified mail typically runs under $15 per party. Massachusetts Superior Court filing fees to commence a lien-enforcement civil action run roughly $300–$350, with additional costs for service of process and recording the attested copy of the complaint. Confirming the correct registry district, that the claimant had a written contract, that any lower-tier claimant gave the § 4 Notice of Identification within 30 days, that the Notice of Contract and Statement of Account were both recorded within their windows, and that the § 5 90-day enforcement and 30-day lis pendens deadlines are calendared is the most important intake step.
Frequently Asked Questions
What is the Massachusetts Notice of Identification under M.G.L. c. 254 § 4?
The Massachusetts Notice of Identification is a written notice, required by M.G.L. c. 254 § 4, that a lower-tier subcontractor or supplier — one who has NO direct contract with the original (general) contractor — must give to the original contractor within 30 days of first performing labor or furnishing materials. A claimant who fails to give it does not automatically lose all lien rights, but its lien is capped at the amount due, or to become due, under the subcontract between the original contractor and the subcontractor whose contract includes the claimant's work. Because that cap can shrink the lien to nothing, the Notice of Identification is a critical early step for second-tier and lower claimants. It is separate from, and in addition to, the Notice of Contract that perfects the lien.
Does Massachusetts require a written contract for a mechanic's lien?
Yes. Massachusetts is one of the strictest written-contract states. A lien under M.G.L. c. 254 § 2 (general contractor) or § 4 (subcontractor) exists only if the claimant performed under a WRITTEN contract — an oral agreement, a handshake deal, or a purchase order that is not a written contract will not support a § 2 or § 4 lien. The only exception is the limited personal-labor lien under § 1, which is narrow and rarely sufficient for a contracting business. The written-contract rule is the single most common reason Massachusetts liens fail: a subcontractor or supplier that proceeds on a verbal change order or work outside the written scope can find it has no lien at all. The safe practice is a signed written contract — and signed written change orders — before performing any work for which lien rights may later matter.
When must a Massachusetts Notice of Contract be recorded?
Under M.G.L. c. 254 § 2 (general contractor) and § 4 (subcontractor), the Notice of Contract must be recorded in the registry of deeds for the county or registry district where the property is located no later than the EARLIEST of: (i) 60 days after a Notice of Substantial Completion is recorded under § 2A; (ii) 90 days after a Notice of Termination is recorded under § 2B; or (iii) 90 days after the last day any person furnished labor or materials to the project. The critical trap is that the 90-day clock runs from the last day ANYONE — including other trades and the general contractor — last worked on the project, not from the claimant's own last day, and the owner can shorten the window by recording a Notice of Substantial Completion or Notice of Termination. The Notice of Contract must describe the property, the contract, and (for a subcontractor) the subcontract amounts and the status of payment.
When must a Massachusetts Statement of Account be recorded?
After the Notice of Contract, the lien is perfected by recording a Statement of Account under M.G.L. c. 254 § 8 in the same registry of deeds, no later than the EARLIEST of: (i) 90 days after a Notice of Substantial Completion is recorded under § 2A; (ii) 120 days after a Notice of Termination is recorded under § 2B; or (iii) 120 days after the last day any person furnished labor or materials to the project. The Statement of Account states the amount due or to become due, a description of the property, and the names of the owner of record and the claimant, and it must be signed and sworn. A claimant that records a valid Notice of Contract but fails to record the Statement of Account within the § 8 window loses the lien — both recordings are required, on different deadlines, and both run (at the outside) from the last day labor or materials were furnished to the project.
How long does a Massachusetts mechanic's lien last and when must suit be filed?
Under M.G.L. c. 254 § 5, a Massachusetts mechanic's lien is dissolved unless the claimant does TWO things: (1) commences a civil action to enforce the lien within 90 days after recording the Statement of Account under § 8; and (2) records an attested copy of the complaint (a lis pendens) in the registry of deeds where the property lies within 30 days after the action is commenced. Both steps are mandatory — filing the lawsuit but failing to record the attested complaint copy within 30 days dissolves the lien, as does letting the 90-day suit deadline pass. The enforcement action is brought in the Massachusetts Superior Court for the county where the property is located. Because the 90-day enforcement clock is short and is not extended by settlement negotiations or partial payments, the date must be calendared the moment the Statement of Account is recorded.
What is the Massachusetts lien-fund limit on a mechanic's lien?
A Massachusetts mechanic's lien is a lien-fund lien. Under M.G.L. c. 254, a subcontractor's lien reaches only the amount due, or to become due, from the owner to the original contractor (and, for lower tiers, the amount owed up the contractual chain) as of the time the lien is perfected — not the full amount the claimant is owed in the abstract. An owner who has already paid the general contractor in full may leave little or no fund for the subcontractor's lien to attach to, and a lower-tier claimant that failed to give the § 4 Notice of Identification is further capped at the amount due under the subcontract that includes its work. This is why Massachusetts subcontractors and suppliers send the Notice of Identification early, record the Notice of Contract before the owner has disbursed the balance, and pair the lien with breach-of-contract and prompt-payment claims that are not limited by the lien fund.
How does Massachusetts handle public works and federal projects?
No mechanic's lien attaches to public property in Massachusetts. On Massachusetts state, county, municipal, and authority public works, an unpaid subcontractor or supplier pursues a claim against the prime contractor's payment bond required by M.G.L. c. 149 § 29, which carries its own notice and one-year suit deadlines rather than a property lien. On federal projects the federal Miller Act at 40 U.S.C. § 3131 et seq. preempts state lien rights — pursue the prime contractor's federal Miller Act payment bond on its own 90-day notice and one-year claim timing. Massachusetts's federal construction includes Hanscom Air Force Base, the Natick Soldier Systems Center, Joint Base Cape Cod (Otis Air National Guard Base), the Volpe National Transportation Systems Center, the Moakley Federal Courthouse in Boston and the Worcester and Springfield federal courthouses, the Boston, Bedford, Brockton, and West Roxbury VA Medical Centers, the Cape Cod Canal, and the Federal Reserve Bank of Boston. The Massachusetts Prompt Pay Act, M.G.L. c. 149 § 29E, supplies interest and timing remedies on private projects of $3,000,000 or more and runs in parallel with the bond or lien claim.