How to File a Mechanics Lien in Massachusetts
Step 1 — Confirm you have lien rights in Massachusetts
Massachusetts's recorded rules cover general contractors, subcontractors and suppliers (M.G.L. c. 254, § 4). Each of those roles has its own filing window — see Step 3. Massachusetts rule detail: REQUIRED FOR SUBS: Record 'Notice of Contract' with the Registry of Deeds within 30 days of first furnishing. Without this, sub loses lien rights. Also serve on owner.
Step 2 — Send the Massachusetts preliminary notice
Massachusetts requires a preliminary notice NUB, notice of contract + nub (M.G.L. c. 254, § 2). It is a precondition, not a formality. It must reach Registry of Deeds and Prime Contractor and Surety and Prime Contractor and Construction Lender or Owner and Construction Lender. Delivery: Record with Registry of Deeds, Certified Mail, Return Receipt Requested. Massachusetts rule detail: Prime contractor must record statement of lien within 90 days of last furnishing of labor or materials.
Step 3 — Your Massachusetts filing deadline
Massachusetts sets the window by claimant role: • General contractors: within 90 days of your last day of work or materials. • Subcontractors and suppliers: within 90 days of your last day of work or materials. The clock runs from statement of account — not your invoice date. Punch-list and warranty callbacks generally do not restart it. Massachusetts rule detail: Record statement of lien within 90 days of last furnishing. Must have filed Notice of Contract first.
Step 4 — Prepare and record the lien in Massachusetts
Record in the county where the property sits, under M.G.L. c. 254, § 11. The document must identify the property, the owner of record, the amount actually owed, and what you furnished. Overstating the amount can void the claim outright. Massachusetts rule detail: CRITICAL: File suit to enforce lien within 90 days of recording — one of the shortest windows in the US. Do not delay after recording.
Step 5 — Serve the recorded Massachusetts lien
Massachusetts requires service on Registry of Deeds and Prime Contractor and Surety and Prime Contractor and Construction Lender or Owner and Construction Lender. Use Record with Registry of Deeds or Certified Mail, Return Receipt Requested and keep the receipt. In many states an unserved lien is unenforceable even though it appears on title. Massachusetts rule detail: Written notice within 65 days of last furnishing on public works projects (Massachusetts Little Miller Act). No mechanic's lien on public property.
Step 6 — Enforce before the Massachusetts deadline expires
You must sue to foreclose within 90 days (statement of account) (M.G.L. c. 149, § 29). Miss it and the lien expires and title clears, leaving only a contract claim. Massachusetts rule detail: File suit on payment bond within 1 year of last furnishing.
Massachusetts stop notice option
Massachusetts also recognises a stop notice, which reaches undisbursed construction funds rather than the property itself (M.G.L. c. 254, § 14). It can be used alongside a lien. Massachusetts rule detail: Second-tier claimants only. No notice = no bond claim.
Retainage rules that affect your Massachusetts claim
Massachusetts treats retainage on its own schedule (M.G.L. c. 149, § 29F), so money still held back may have a different due date than your progress billings. Massachusetts rule detail: File no sooner than 90 days AND no later than 1 year.
Other Massachusetts requirements that void liens
• Sub must notify prime of disputed payments within 30 days. Owner must pay within 30 days of invoice; prime must pay sub within 30 days of receiving payment. • Retainage released within 65 days of substantial completion on public contracts. 5% maximum retainage on public contracts. • MA STOP PAYMENT NOTICE: A claimant who has recorded the Notice of Contract may serve a notice of contract on the owner's construction lender or mortgagee. Lender must withhold funds equal to the amount claimed. Must be served before lender makes the final disbursement. Effective immediately upon service. • ANTI-WAIVER: M.G.L. c. 254, § 32 makes void any contractual provision waiving mechanic's lien rights in Massachusetts. Cannot waive lien rights in a subcontract. Valid waivers only in exchange for actual payment. Conditional waivers are valid.
Frequently Asked Questions
How long do I have to file a mechanics lien in Massachusetts?
Massachusetts requires the lien to be recorded within 90 days, measured from statement of account. The exact window depends on your role — general contractors: within 90 days of your last day of work or materials.
Do I need to send a preliminary notice before filing in Massachusetts?
Yes. Massachusetts requires a preliminary notice NUB (notice of contract + nub). Failing to send it on time generally forfeits your lien rights entirely, regardless of how much you are owed.
Where do I file a mechanics lien in Massachusetts?
File with the county recorder's office in the county where the property is located. Filing in the wrong county does not preserve your deadline, and re-filing in the correct county after the deadline will not save the claim.
What happens if I miss the Massachusetts filing deadline?
Your lien rights are extinguished. Massachusetts courts do not grant extensions for missed mechanics lien deadlines. You would be left with a breach-of-contract claim against whoever hired you, which carries no security interest in the property and is far harder to collect.
How long does a mechanics lien last in Massachusetts?
Once recorded, you must file suit to enforce within 90 days (statement of account). If you do not, the lien expires automatically and no longer clouds the property's title.