Boston Massachusetts Notice of Contract - Individual

State:
Massachusetts
City:
Boston
Control #:
MA-01-09
Format:
Word; 
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Description

Massachusetts law requires that a party seeking to perfect a lien record a notice of contract in the registry of deeds in the county or district where the land lies. The notice of contract may be recorded "...at any time after the execution of the written contract... but not later than the earliest of (i) sixty days after filing or recording of the notice of substantial completion under section two A; or (ii) ninety days after filing or recording of the notice of termination under section two B; or (iii) ninety days after such person or any person by, through or under him last performed or furnished labor or materials or both labor and materials." Mass. Gen Laws Ann. ch. 254 § 2.
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FAQ

When a contractor fails to abide by any of the conditions of the contract, the surety and contractor are both held liable. The three main types of construction bonds are bid, performance, and payment.

Contractors are generally required to obtain a contractor license bond as part of the process of becoming licensed by the Massachusetts State Board of Building Regulations and Standards.

There is no general contractor license in Massachusetts. Anyone can be a general contractor, with or without a license.

A construction contract notice or change order provision typically includes a stated timeframe within which a party must provide written notice of an event that may or will adversely impact the project's budget or schedule, and also require a detailed description of what that written notice must contain.

If a person is truly an independent contractor (meaning they meet all three elements of the three part test), then the wage and hour laws are not applicable. This includes minimum wage, overtime, and rules for the timely payment of wages under the Massachusetts Wage Act.

A Massachusetts Notice of Contract is the first document that you must file if you want to record a mechanics lien in the state of Massachusetts, the second one being the Statement of Account. It is a document that contains all basic details about your project, including the amount that you are trying to claim.

Massachusetts surety bond costs primarily depend on your personal credit score and the type of bond for which you've applied. Those individuals with excellent credit should expect an annual premium of 1-3% of the bond amount. Those individuals with bad credit can expect an annual premium of 4-15% of the bond amount.

Must Massachusetts lien waivers be notarized? No. Lien waivers in Massachusetts from parties that filed a notice of contract/subcontract must be signed by the party ?under the penalties of perjury,? but not notarized.

When is the deadline to file a Massachusetts Mechanics Lien? 120 days after the lien claimant last furnished labor or materials to the project.. The lien is allowed to be filed prior to the filing of a Notice of Substantial Completion or Notice of Termination.

Who needs to register as a home improvement contractor? Any individual or any company that solicits, bids on, or performs residential contracting as a contractor or subcontractor on an existing one- to four-unit, owner-occupied primary residence in Massachusetts must register as a home improvement contractor.

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Boston Massachusetts Notice of Contract - Individual