• Massachusetts is an UNPAID BALANCE lien state.
•  Common elements in a condominium environment are not lienable.
• The serving of a Notice of Identification creates a Full Price lien from the date of service.
• Design Professionals gain the ability to file Mechanic's Liens on 7/1/11.

Notice Speed Bumps

• Dollars are required on all statutory notices.
• Owners and general contractors must jointly record a notice of substantial completion, (M.G.L. c. 254 § 2A), and send a copy via certified mail, to all recorded subcontractors and material suppliers.
• If a Notice of Termination of the General Contractor by the Owner is recorded by the owner in the registry (M.G.L. c. 254 § 2B), a copy must be sent immediately by certified mail, return receipt requested, to all subcontractors and material suppliers.
• Work performed for design cannot be liened. Designers that perform construction supervision, however, can file liens for this type of work.

Mechanic Lien - Notice of Contract / Statement of Account:  File with the registry of deeds in the county or registry district wherein the land is located.

Record a Notice of Contract or Notice of Subcontract, which creates a lien, any time after the parties execute the contract, but not later than the earliest:

• 60 days after the filing or recording of a Notice of Substantial Completion (if one was filed) executed by the owner and/or general contractor.
• 90 days after the filing or recording of a Notice of Termination by the owner and/or general contractor.
• 90 days after the last day a prime contractor or anyone claiming by, through or under him, performed or furnished labor and/or materials to the project, or furnished rental equipment, appliances, or tools. (typically applicable)

File a Statement of Account within the earliest:

• 90 days after the filing of a Notice of Substantial Completion (if one was filed) executed by the owner and/or general contractor.
• 120 days after the recording of a Notice of Termination by the owner and/or general contractor.
• 120 days after the last day a prime contractor or anyone claiming by, through or under him, performed or furnished labor and/or materials to the project, or furnished rental equipment, appliances, or tools. (typically applicable)

Foreclosure Speed Bumps

• If a claimant establishes its lien in an enforcement action, the Court will order a sale of as much of the liened property as is needed to satisfy the lien, if possible; otherwise, the entire property will be sold.

• Specially Fabricated Material:  Give notice to the prime contractor of the placement and amount of the order no later than 20 days after receiving the final approval in writing for the use of the material.
• A decree in favor of any claimant under this section shall include reasonable legal fees based upon the time spent and the results accomplished as approved by the court and such legal fees shall not in any event be less than published rate of any recommenced fee schedule of a state-wide bar association or of a bar association in which the office of counsel for claimant is located, whichever is higher.