|
By Mr. O'Flaherty of Chelsea, petition (accompanied by bill, House, No. 1632) of Eugene L. O'Flaherty relative to contractor and subcontractor liens. The Judiciary. |
The Commonwealth of Massachusetts
——————
PETITION OF:
|
By Mr. O'Flaherty of Chelsea, petition (accompanied by bill, House, No. 1632) of Eugene L. O'Flaherty relative to contractor and subcontractor liens. The Judiciary. |
The Commonwealth of Massachusetts
——————
PETITION OF:
——————
In the Year Two Thousand and Seven.
——————
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 254of the General Laws, as appearing in the most recent edition is hereby amended by striking out section 8 and inserting in place thereof the following section:-
Section 8. Liens under sections two and four shall be dissolved unless the
contractor, subcontractor, or some person claiming by, through or under them,
not later than the earliest of: (i) ninety days after the filing or recording of
the notice of substantial completion under section two A; (ii) one hundred and
twenty days after the filing or recording of the notice of termination under
section two B; (iii) one hundred and twenty days after the last day a person,
entitled to enforce a lien under section two or anyone claiming by, through or
under him, performed or furnished labor or material or both labor and materials
or furnished rental equipment, appliances or tools; or (iv), with respect to any
building, structure or other improvement to real property consisting only of at
least one but not more than four dwelling units, two years after the filing or
recording of the Notice of Contract, shall file or record in the registry of
deeds in the county or district where the land lies a statement, giving a just
and true account of the amount due or to become due him, with all just credits,
a brief description of the property, and the names of the owners set forth in
the notice of contract. A lien under section one shall be dissolved unless a
like statement, giving the names of the owner of record at the time the work was
performed or at the time of filing the statement, is filed or recorded in the
appropriate registry of deeds within the ninety days provided in said section.
Nothing in this section shall prohibit the filing or recording of a statement
under this section prior to the filing or recording of the notices under section
two A or two B.