Boston Mechanics

State:
Massachusetts
City:
Boston
Control #:
MA-P091-PKG
Format:
Word; 
Rich Text
Instant download

Description

This package is designed to assist a sole proprietor who provides labor,
materials or services to improve real property in recovering money owed
through a lien on the improved property. This package includes (1)
Information about the Construction or Mechanics Lien Procedure, (2) Forms
List, (3) Description of Forms, (4) Tips on completing the forms using form
fields, (5) Forms, and (6) Access to a Law Summary for your state. This
package does NOT include forms for the owner of the improved property.


Construction Lien package containing the forms needed by sole proprietors
who are suppliers of materials and services to impose a lien on the improved
property. This package does NOT include forms for the owner of the improved
property.

The Boston Massachusetts Construction or Mechanics Lien Package — Individual is a comprehensive set of legal instruments designed to protect contractors, subcontractors, and suppliers' rights in regard to payment for services rendered or materials provided in construction projects within the state of Massachusetts, specifically in the city of Boston. This lien package is essential for individuals or businesses in the construction industry who have not been paid for their work or materials. By filing a mechanics lien, the claimant establishes a legal claim against the property where the construction work took place, ensuring they have a better chance of receiving payment for their services. The Boston Massachusetts Construction or Mechanics Lien Package — Individual typically includes several important documents needed to initiate and complete the mechanics lien process. These documents may include: 1. Notice of Contract: This document serves as a notice to the property owner, informing them of the contract entered into for construction or supply of materials. 2. Notice of Subcontract: If a claimant is a subcontractor, this notice is sent to both the property owner and the general contractor, asserting the subcontractor's right to file a mechanics lien if necessary. 3. Notice of Identification: This notice provides the necessary information about the claimant, such as name, address, and contact details, to ensure proper identification during the lien process. 4. Notice of Lien: This is the official notice of the claimant's intent to file a mechanics lien. It includes details regarding the amount owed, the property's description, and other pertinent information. 5. Affidavit of Service: This document verifies that the required notices have been properly served to the necessary parties, showing compliance with Massachusetts lien laws. 6. Statement of Account: The statement of account itemizes the services provided, materials supplied, and related costs. It serves as proof of the claimed amount owed. 7. Mechanic's Lien: The mechanic's lien is the core document in the package. It is filed with the Suffolk County Registry of Deeds to establish the legal claim against the property. This lien can affect the property owner's ability to sell or finance the property until the debt is resolved. It's worth noting that there can be different versions or variations of the Boston Massachusetts Construction or Mechanics Lien Package — Individual, as certain cases or circumstances may require additional or modified documents specific to the situation. However, the documents listed above are the most common components found in such packages.

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FAQ

How long does a judgment lien last in Massachusetts? A judgment lien in Massachusetts will remain attached to the debtor's property (even if the property changes hands) for 20 years (for liens on real estate) or 30 days (for liens on personal property).

In order to qualify to file a mechanics lien in Massachusetts, certain parties must send a preliminary notice. Any party that did not contract directly with the GC or property owner must provide a Notice of Identification. They must send the notice within 30 days of first providing labor and services on a project.

The deadline to enforce a mechanics lien in Massachusetts is short: only 90 days.

Dissolution of the Lien A mechanic's lien may be dissolved by a simple written statement of the contractor or subcontractor recorded at the registry of deeds. Payment on a contract is often contingent on or partly in consideration for dissolving a mechanic's lien.

Lien waivers in Massachusetts do not need to be notarized, but they must be signed ?under the penalties of perjury.?

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.

GENERAL CONTRACTOR Must record the Statement of Account within 120 days of last furnishing labor or materials to the project. 4. Must file the lawsuit to enforce the lien within 90 days of recording the Statement of Account.

The deadline to enforce a mechanics lien in Massachusetts is short: only 90 days.

The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.

Interesting Questions

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The lien exists for both real property and personal property.

A person who holds a lien for personal property must post the lien as security in some manner. The lien can be posted using a security check for cash, a letter of credit, a home mortgage, a pawnbroker's check, cashiers check, traveler's checks, or bank account checks. The personal property lien does not release the landowner from any future liability. This includes, but is not limited to, liability for damages caused by a claim of negligence, breach of contract, or a claim of title, as well as certain claims of trespass and intentional trespass. Frequently Asked Questions What is the difference between a security interest in real property and a lien on personal property? The lien for a personal property lien is secured by personal real property, like a house, car, or other property. A security interest is secured by the property it covers. The personal property lien is the only type of lien a bank and real estate broker can file against a mortgagor.

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Boston Mechanics