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1. Who May Have A Lien?

Private:

LIEN AND BOND CLAIMS:

Furnisher of labor or mat­erial to owner, general or 1st tier subcontractor, under written contract with the contractor or subcontractor. Design professionals also have lien rights. People providing services under a written subcontract with a design professional may have lien rights if their engagement has been approved in writing by the property owner. Tools, appliances and rental equipment are covered. Union benefit trust funds apparently do have lien rights. [254 §1, 254 §4, 254 §2A, 254 §2D; dicta, McAnarney v. Clinton Millworks, LLC, Not Reported in N.E.2d, 30 Mass.L.Rptr. 236 (Mass.Super., 2012)]

PAYMENT AND PERFORMANCE BOND:

Where a payment bond is provided by a bond principal under whom the claimant claims (i.e., where the claimant is providing labor and/or materials to the contractor or sub providing the bond, or to someone under that contractor or sub), the claimant may bring a claim under the bond. Obtain a copy of the bond to ensure that the claimant is covered by it. [149 §29a]

RETAINAGE ON PROJECTS IN EXCESS OF $3 MILLION (excluding residential projects of 1-4 units):

The prime contractor. [149 §29F]

Public:

Furnisher of labor and mate­rials to general or 1st -tier sub. Per case law, coverage extends to at least claimants supplying 2nd tier and probably beyond. [Peters v. Hartford Accident & Indem. Co., 389 N.E.2d 63 (1979)] Suppliers to suppliers are not covered. Trustees of employee benefit trusts are allowed to bring a claim. [149 §29; James D. Shea Co., v. Perini Corp., 321 N.E.2d 831(Mass.App.1975); Carpenters Local Union No. 26 v. U.S. Fidelity & Guar. Co., 215 F.3d 136 [1st Cir. (2000)]


2. What Is The Lien Against?

Private:

-Structure and land, or lien release bond, when one is posted. [254 §1, 254 §12]

-Private works surety bond, where one is provided. [149 §29a]

-NOTE that a contractor who contracts with a lessee may have lien rights against both the lessee’s interest and the owner’s interest, if the lessee is acting with the consent of or on behalf of the owner. The subcontractors’ claims, however, will only be against the lessee’s interest. [254 §2, 254 §4; Trace Const., Inc. v. Dana Barros Sports Complex, LLC, 459 Mass. 346, 945 N.E.2d 833 (Mass.,2011)]

-NOTE that a claimant on a project in excess of $3 million that does not involve 1-4 dwelling units may follow a procedure to collect the retainage. [149 §­29F]

Public:

Contractor’s payment bond. [149 §29]


3. Who Must Give The Preliminary Notice?

Private:

LIEN:

There are two types of preliminary notice to be given:

  1. A) Notice of Identification
  2. B) Notice of Contract.

All claimants must give the Notice of Contract, but only those claimants contracting with a subcontractor give the Notice of Identification.

Notice of Identification:

All claimants having a contract with the subcontractor, but no contract with the general. If this notice is given (by a claimant contracting with a subcontractor), then the claimant will be entitled to a lien in the full amount owed to the claimant. If this notice is not given, then the claimant’s lien is limited to the amount owed to the 1st-tier subcontractor at the time claimant files its Notice of Contract. [254 §4]

Notice of Contract:

All claimants having a w­ritten contract with the owner, general contractor, or a subcontractor. NOTE that where a general contractor willfully defaults, nothing is owed by the owner to the general contractor, so the subcontractor cannot obtain a lien on the owner’s property UNLESS the sub filed a notice of contract BEFORE the general contractor defaulted. Apparently a laborer is not required to file the Notice of Contract. [254 §2, 254 §­4, 254 §1; BloomSouth Flooring Corp. v. Boys’ and Girls’ Club of Taunton, Inc., 440 Mass. 618, 800 N.E.2d 1038 (2003); C & H Masonry, Inc. v. Gould 2004 Mass.App.Div. 47, 2004 WL 527924, (App. Div. 2004), Not Reported in N.E.2d]

PAYMENT AND PERFORMANCE BOND:

Where a 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]

Public:

Only a claimant providing spec­ial­ly fab­ri­cated materi­als sup­plied to a subcontractor. If this notice is timely given, then a supplier of specially fabricated materials that are not delivered and/or not installed into the project will still have a claim for the purchase price of the materials less their fair salvage value, but only to the extent that the materials are unsuitable for use elsewhere and are in conformity with the contract, plans and specifications. Apparently if this notice is not given, but the final notice is timely given, the claimant will have the right to bring a claim against the bond for specially fabricated materials that were properly fabricated, delivered and installed. IN ANY EVENT, IT IS STRONGLY ADVISED TO GIVE THIS NOTICE IN ALL CASES INVOLVING SPECIALLY FABRICATED MATERIALS. [149 §29; Lawrence Plate & Window Glass Co. v. Varrasso Bros., Inc. (1968) 233 N.E.2d 897, 353 Mass. 631]


4. To Whom Is The Preliminary Notice Given?

Private:

LIEN:

Notice of Identification:

To the general contractor. [254 §4]

Notice of Contract:

-By General Contractor and Design Professional: To the Regis­try of Deeds for coun­ty or district where land is lo­cated. [254 §2, 254 §2C]

-By Subcontractor, design professional subcontracting with another design professional, and all others: To Registry of Deeds AND Owner. The notice to owner must include notice of the filing of the Notice of Contract. [254 §4, 254 §2D]

PAYMENT AND PERFORMANCE BOND:

Where a 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]

Public:

General contractor. [149 §29]


5. When Must Preliminary Notice Be Given?

Private:

LIEN:

Notice of Identification:

Notice must be received within 30 days of first delivery. [254 §4]

Notice of Contract: All claimants other than design professionals:

Notice must be received any time after the contract (or subcontract) is executed, but not later than the EARLIEST of: (1) 60 days after filing or recording of Notice of Substantial Completion (Please contact Levy von Beck and Associates for form information); OR (2) 90 days after filing or recording of Notice of Termination (Please contact Levy von Beck and Associates for form information); OR (3) 90 days after general contractor’s last delivery, or the last delivery of anyone claiming by, through, or under the general contractor, or the last performance of professional services by a design professional or any person through or under him or her. Notice given by a supplier to one other than the owner may be given by claimant’s agent or authorized representative. [254 §4] NOTE: It is advisable to send the notice as soon as pos­sible, because the lien is limit­ed to the amount the owner owes to the general (if the claimant supplied the general) or the amount the general owes the sub (if the claimant supplied a sub and fails to give the Notice of Identification) at the time the notice is received. If, however, the claimant supplies the sub and the claimant gives the general the Notice of Identification in addition to the Notice of Contract, then the claimant’s claim will NOT be limited to the amount the general owes the sub at the time the Notice of Contract is received. [254 §4] NOTE ALSO that if the contractor absconds with the funds or abandons the project before substantial completion, there will be nothing owed to the contractor for a sub to bring a claim against unless the claimant filed notice of contract before the general contractor’s default. [Superior Mechanical Plumbing & Heating, Inc. v. Insurance Co. of West, 965 N.E.2d 890 (Mass.App.Ct. 2012); C & H Masonry, Inc. v. Gould, 2004 Mass.App.Div. 47, 2004 WL 527924 (App. Div. 2004), Not Reported in N.E. 2d; BloomSouth Flooring Corp. v. Boys’ and Girls’ Club of Taunton Inc., 800 N.E.2d 1038, 440 Mass. 618 (2003)

Design Professional Claimants:

Notice must be received any time after the execution of the written contract whether or not the professional services under such written contract have been commenced or completed, and whether or not the erection, alteration, repair or removal of the building, structure or other improvement to which such professional services relate has been, or is ever, commenced or completed, but not later than the earlier of: (i) 60 days after filing or recording of the notice of substantial completion under section 2A; or (ii) 90 days after the prime design professional or any person by, through or under him or her, last performed professional services. Note that the rule limiting the claim to the amount ‘due or to become due’ applies to design professionals as well. [254 §2C]

PAYMENT AND PERFORMANCE BOND:

Where a 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]

Public:

Notice must be received by the General Contractor within twenty days after rece­iving the final approval in writing for the use of the materials. [149 §29]


6. Contents of Preliminary Notice.

Private:

LIEN:

Notice of Contract:

-Contract with owner, see Form A.

-Design professional contracting with owner, see Form A-1. [254 §2C]

-Contract with contractor or sub, see Form B.

– Note that a claimant’s claim cannot exceed the amount due or to become due under the original contract as of the date actual notice of filing was given to the owner.  Thus if nothing is owed to the general contractor at the time claimant gives notice to the owner, then the claimant’s lien will not be valid. [254 §4; Maverick Const. Management Services, Inc. v. Fidelity & Deposit Co. of Maryland, Inc., 80 Mass.App.Ct. 264, 952 N.E.2d 451 (Mass.App.Ct.,2011)]

-Design professional contracting with contractor or sub (including a design professional contracting with another design professional), see Form B-1.)  Note that this notice must also include notice that the claimant has filed the Notice of Contract. Note that the claimant’s claim cannot exceed the amount due or to become due under the original contract as of the date actual notice of filing was given to the owner.  [254 §2, 254 §4, 254 §2D]

To be recorded, the documents must be notarized, and apparently may be signed by either the claimant or, where authorized, by the claimant’s attorney.  [254 §30]

-Design professional contracting with owner – See Form A-1. [254 §2C]

Note that this claimant’s claim cannot exceed the amount due or to become due under the original contract as of the date actual notice of filing was given to the owner.  [254 §2D]

Notice of identification:  See Form C.  [254 §4]

BOND:  Where a 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]

Public:

Notice of placement of or­der, and amount thereof. [149 §29]


7. How Must Preliminary Notice Be Given?

Private:

LIEN:

Notice of Contract:

-Filed in Registry of Deeds

-Give actual notice to own­er; certified or registered mail or personal service recommended. [254 §8]

Notice of Identification:

Certified mail, return receipt requested. Consequences of refusal of service are not clear, so the claimant is encouraged to ensure that notice is actually received. [254 §4]

PAYMENT AND PERFORMANCE BOND:

Where a 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]

Public:

Certified or regis­tered mail, or in any manner allowed for civil process. The consequences of refusal of service are not clear, therefore it is recommended that claimant ensures that the notice is actually received. [149 §29]


8. Who Must Give Interim Notice?

Private:

An interim notice is not required.

Public:

An interim notice is not required.


9. Who Must Give Final Notice (Statement of Account)?

Private:

LIEN:

Every claimant. [254 §8] Note that this notice is also called a Statement of Account.

NOTE that there is also a Notice of Substantial Completion that must be given by the owner and general contractor, as well as a Notice of Termination that is mainly given by the owner. These notices are discussed below, in their respective “Special Notes” sections. [254 §§2A and 2B]

PAYMENT AND PERFORMANCE BOND:

Where a 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]

RETAINAGE ON PROJECTS IN EXCESS OF $3 MILLION (excluding residential projects of 1-4 units):

The prime contractor. [149 §29F]

Public:

Every claimant who does not have a direct contract with the general contractor. [149 §29]


10. To Whom Is Final Notice Given?

Private:

LIEN:

Registry of Deeds for the county or district where land is located. [254 §8]

PAYMENT AND PERFORMANCE BOND:

Where a 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]

RETAINAGE ON PROJECTS IN EXCESS OF $3 MILLION (excluding residential projects of 1-4 units):

The owner. [149 §29F]

Public:

General contractor. [149 §29]


11. When Is Final Notice Given?

Private:

LIEN:

All claimants other than design professionals:

Recorded not later than the EARLIEST of: ninety (90) days after the filing or recording of the Notice of Substantial Completion; OR one hundred twenty (120) days after the filing or recording of the Notice of Termination; OR one hundred twenty (120) days after the general contractor (or someone claiming by, through or under the general contractor) last furnishes labor, materials, both labor and materials, or furnished rental equipment, appliances or tools. The final notice may be filed before the Notice of Substantial Completion or the Notice of Termination is filed. [254 §8] NOTE that, per Schor, a laborer must file his or her notice within 90 days of the claimant’s last work. [Schor at §22.03[E]]

All design professional claimants:

Recorded within 30 days after the last day that a notice of contract may be filed or recorded by a design professional. [254 §8]

LIEN REMOVAL BOND:

Recorded within 90 days after the claimant has (a) filed the statement of account, or (b) received notice of the recording of the bond, whichever is LATER. [254 §14]

PAYMENT AND PERFORMANCE BOND:

Where a 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]

RETAINAGE ON PROJECTS IN EXCESS OF $3 MILLION (excluding residential projects of 1-4 units):

Not later than 14 days after reaching substantial completion. ‘Substantial completion’ is defined as the stage when the work required by the contract is sufficiently complete in accordance with the contract so that the owner may occupy or utilize the work for its intended use, and may apply to the entire project or to a phase of the project, if the contract expressly permits substantial completion to apply to defined phases of the project. [149 §29F]

Public:

Received within 65 days of claimant’s last fur­nishing labor or material. [149 §29]


12. How Is Final Notice Given?

Private:

LIEN:

Filed with the Registry of Deeds. [254 §8]

PAYMENT AND PERFORMANCE BOND:

Where a 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]

RETAINAGE ON PROJECTS IN EXCESS OF $3 MILLION (excluding residential projects of 1-4 units:

Submitted. [149 §29F]

Public:

Registered or certified mai­l, postage prepaid, to residence or any office or in any manner allowed for civil process. Consequences of refusal of service are not clear, so the claimant is encouraged to ensure that notice is actually received. [149 §29]


13. Contents of Final Notice

Private:

LIEN: (Called the Statement of Account)

-Amount due or to become due under the original contract, with all cred­its (do not include interest or attorney’s fees.  National Lumber Co. v. United Cas. And Sur. Ins. Co., Inc., 802 N.E.2d 82, 440 Mass. 723 (2004)) Thus if nothing is owed to the general contractor at the time the notice of filing the subcontract (Form B) is given by the sub to the owner, the claimant cannot recover.  [National Lumber Co. v. Berke,
891 N.E.2d 269 (Table) (Mass.App.Ct. 2008) Unpublished Disposition] NOTE that if the claimant supplied a subcontractor and failed to timely give the Notice of Identification, then the claimant’s lien is limited to the amount owed to the 1st-tier subcontractor at the time claimant files its Notice of Contract. If the Notice of Identification is timely given, then the claimant will be entitled to a full price lien.   [254 §4] NOTE ALSO that a lien may be amended, but after the expiration of the time period for filing the lien, the lien may not be amended to increase the amount of the claim, or to materially alter the description of the land. [MD Rules, 12-303]  NOTE ALSO that a labor lien is limited to 30 days of work in the preceding 90 days. [254 §1]

-Brief description of property

-Names of owners as they ap­pear in notice of con­tract

-Recommend that it be signed and sworn to, by the claimant, though this is no longer required.

-See Form G for a suggested format.

NOTE that to be recorded, the documents must be notarized, and apparently may be signed by either the claimant or, where authorized, by the claimant’s attorney.  [254 §30]

NOTE that for a labor claimant, a representative can file the claim on behalf of the claimant.  [254 §8, 254 §30, 254 §1; Schor vol. 3 at §23.05]

PAYMENT AND PERFORMANCE BOND:  Where a 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]

RETAINAGE ON PROJECTS IN EXCESS OF $3 MILLION (excluding residential projects of 1-4 units: See Form H.  [149 §29F] Please contact Levy von Beck and Associates for form information. [149 §29F]

Public:

-Amount claimed (Claimant is not required to separate out its claims for labor, materials equipment, etc. [City Rentals, LLC v. BBC Co., Inc., 947 N.E.2d 1103 (Mass.App.Ct. 2011)])

-Name of the party to whom the labor or materials were fur­nished. There is no specific provision as to who may sign the claim. The statute used to require a sworn statement, but that is no longer required. [149 §29]


14. Time to Start Suit / Foreclose?

Private:

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]

Public:

Within 1 year of claimant’s last fur­nishing labor or material. [149 §29]

15. Forms

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:

  1. estimated or agreed contract price: _______________
  2. approved extra or additional services: _______________
  3. 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)