LIEN AND LIEN PREVENTION OR RELEASE BOND CLAIMS:
Within 90 days after final notice (Statement of Account) is filed. BUT NOTE that if the owner files a bond at THE START of the job, then the lien claim is against the bond instead of the property, and in that case, the action must be filed within 90 days after the claimant filed its final notice. NOTE that an attested copy of the complaint must be filed in the registry of deeds and recorded within 30 days of commencing the action, or the lien will be dissolved. [254 §5, 254 §§12 & 14] NOTE ALSO that if the owner files a bond AFTER the lien is filed, to release the property from the lien, then the suit must be commenced within 90 days after the later of the filing of the statement of account (final notice) OR the receipt of notice of recording of the bond. The suit against the bond replaces any suit against the real property. [254 §11, 254 §12, 254 §14] Where the lien release bond is provided after the foreclosure action has been commenced, the court has held that commencing the action against the bond relates back to the original filing date of the foreclosure action, but strongly recommend amending the complaint to include the bond within the 90-day period discussed above. [NES Rentals v. Maine Drilling & Blasting, Inc., 992 N.E.2d 291 (Mass. 2013)] NOTE FURTHER that a lien can be enforced by counterclaim, but it is essential that the counterclaim itself – and not merely a suit on a lien by another claimant or the owner’s suit to dismiss the lien – be filed within the deadline for filing suit. [Golden v. General Builders Supply LLC, 441 Mass. 652, 807 N.E.2d 822 (Mass. 2004)]
PAYMENT AND PERFORMANCE BOND:
Where a payment and performance bond is provided, in order to be covered by it the potential claimant needs to obtain a copy of the bond, qualify for coverage under the terms of the bond, and follow all notice and other requirements therein. [149 §29a, Trustees Of Sheet Metal Workers’ Local Union No. 17 v. U.S. Fire Ins. Co., 73 Mass.App.Ct. 1117 (Mass.App. Ct.,2009) Unpublished Disposition]
NOTE: NOT ALL FORMS INDICATED ABOVE ARE INCLUDED IN THE SUMMARY. PLEASE CONTACT THE FIRM FOR A PDF OF THE ENTIRE SUMMARY AND FORMS
FORM A
For someone other than a design professional contracting with the owner:
NOTICE OF CONTRACT
Notice is hereby given that by virtue of a written contract, dated , between , owner, and __________________, contractor, said contractor is to furnish or has furnished labor and material or rental equipment, appliances or tools for the erection, alteration, repair or removal of a building, structure, or other improvement on a lot of land or other interest in real property described as follows:
By: (Name, Title, Duly Authorized)
(Notarization required)
FORM A-1
NOTICE OF CONTRACT
Notice is hereby given that by virtue of a written contract dated __________, between __________, owner, and __________, design professional, said design professional is to furnish or has furnished professional services relating to the proposed or actual erection, alteration, repair or removal of a building, structure or other improvement on a lot of land or other interest in real property described as follows:
(INSERT DESCRIPTION)
By: (Name, Title, Duly Authorized)
(Notarization required)
FORM B
NOTICE OF CONTRACT
Whoever furnishes labor, including subcontractor construction management services, or who furnishes material, or both labor and material, or furnishes rental equipment, appliances or tools, or who performs professional services, under a written contract with a contractor, or with a subcontractor of such contractor, may file or record in the registry of deeds for the county or district where such land lies a notice of his contract substantially in the following form:
Notice is hereby given that by virtue of a written contract dated __________, between __________ __________ contractor (or subcontractor) and __________ said __________ is to furnish or has furnished labor or material, or both labor and material, or is to furnish or has furnished rental equipment, appliances or tools, or is to perform or has performed professional services, in the erection, alteration, repair or removal of a building, structure or other improvement of real property by __________, contractor, for __________, owner, on a lot of land or other interest in real property described as follows:
(Insert description)
| As of the date of this notice, an account of said contract is as follows: |
| 1. |
contract price |
$____________________________ |
| 2. |
agreed change orders |
$____________________________ |
|
(indicate whether addition or subtraction) |
|
| 3. |
pending change orders: |
$____________________________ |
|
(indicate whether addition or subtraction) |
|
| 4. |
disputed claims |
$____________________________ |
|
(indicate whether addition or subtraction) |
|
| 5. |
payments received |
$____________________________ |
The regular mailing address of the party recording or filing this notice is as follows: _______________________________.
By: (Name, Title, Duly Authorized)
(Notarization required)
FORM B-1
NOTICE OF CONTRACT
Notice is hereby given that by virtue of a written subcontract dated __________, between __________, design professional, and __________, said __________ is to furnish or has furnished professional services relating to the proposed or actual erection, alteration, repair or removal of a building, structure or other improvement on a lot of land or other interest in real property described as follows, which services are a portion of the services furnished or to be furnished by said design professional under a written original contract with __________, owner:
(INSERT DESCRIPTION)
As of the time of this notice, an account of said subcontract is as follows:
- estimated or agreed contract price: _______________
- approved extra or additional services: _______________
- payments received: __________
The regular mailing address of the subcontract party recording or filing this notice is as follows: _________________________.
By: (Name, Title, Duly Authorized)
(Notarization required)
FORM C
NOTICE OF IDENTIFICATION
Notice is hereby given to __________, as contractor, that __________, as subcontractor/vendor/design professional, has entered into a written contract with __________ to furnish labor or materials, or labor and materials, or rental equipment, appliances or tools to, or to perform professional services for a certain construction project located at __________ (Street Address), ____________________ (Town or City), Massachusetts. The amount or estimated amount of said contract is $__________. (No amount need be stated for contracts for the rental of equipment, appliances or tools).
By: (Name, Title, Duly Authorized)
(Notarization required)
FORM G
STATEMENT OF ACCOUNT (suggested format)
Pursuant to Section 8 of Chapter 254 of the Massachusetts General Laws, the amounts set forth below, or in the attachment hereto, are a just and true account of the amounts due or to become due, from to ______________________, minus all just credits, for labor, materials, rental equipment, tools, appliances, and/or services provided for the erection, alteration, repair, or removal of a building, structure or other improvement located on the parcels of land owned by and described on Exhibit A hereto (or, as described as follows: )
Original Contract Amount: $
Agreed Change Orders: $
Agreed Adjusted Contract Amount: $
Amount Paid: $
Pending Change Orders: $
Disputed Claims: $
Amount Claimed Due: $
(Name of Company)
By: (Name, Title, Duly Authorized)
(Notarization required)
| As of the date of this notice, an account of said contract is as follows: |
| 1. |
contract price |
$__________________________________ |
| 2. |
agreed change orders |
$__________________________________ |
|
(indicate whether addition or subtraction) |
|
| 3. |
pending change orders: |
$__________________________________ |
|
(indicate whether addition or subtraction) |
|
| 4. |
disputed claims |
$__________________________________ |
|
(indicate whether addition or subtraction) |
|
| 5. |
payments received |
$__________________________________ |
The regular mailing address of the party recording or filing this notice is as follows: _______________________________.
By: (Name, Title, Duly Authorized)
(Notarization required)