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Massachusetts law about mechanics' liens

A compilation of laws, cases and web sources on mechanics' lien law by the Trial Court Law Libraries.
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Table of Contents

Massachusetts laws

MGL c.254 Liens on Buildings and Land

Federal laws

12 USC 1701j-3 Real Property Loans, Due-on-Sale Clauses, Liens Subordinate to Security Interests
12 USC 2615 Contracts and Liens; Validity

Forms

Notice of Contract, Sauer Construction Law.

Statement of Account, Sauer Construction Law.

Dissolution of Lien, Sauer Construction Law.

Notice of Identification, Sauer Construction Law.

Selected case law

Blount Bros. Corp. v. Mondev Mass., Inc. , 22 Mass. App. Ct. 96 (1986), affirmed, Blount Bros. Corp. v. Lafayette Place Assoc. , 399 Mass. 632 (1987)
If the date in notices does not correspond to the date in a contract (or informal extensions of a contract), no lien attaches.

East Coast Steel Erectors v. Ciolfi , 417 Mass. 602 (1994)
A valid lien was established by a notice of contract in which the contractor specified an estimated completion date, none being set forth in the contract, to which the owner did not object within five days of notice.

J & W Wall Systems, Inc., v. Shawmut First Bank & Trust Company , 413 Mass. 42 (1992)
A bank that took a deed in lieu of foreclosure was held to be a "purchaser" under M.G.L. 254 sec. 7, entitled to priority over a notice of lien recorded shortly after the deed.

Mammoet USA, Inc. v. Entergy Nuclear Generation Co. , 64 Mass.App.Ct. 37 (2005)
Subcontractor's transportation and delivery charges for shipment of large equipment are not subject to contractor's lien as the equipment did not constitute an "improvement of real property."

National Lumber Co. v. United Casualty and Surety Insurance Company, Inc., et al. , 440 Mass. 723 (2004)
A mechanic's lien recorded pursuant to G. L. c. 254, § 4 , does not include contractual interest and attorney's fees incurred in enforcing the lien.

Tremont Tower Condominium LLC v. George B.H. Macomber Co. , 436 Mass. 677 (2002)
Clarifies when the right to a mechanics' lien arises, and concludes "the voluntary dissolution of a mechanic's lien under G. L. c. 254, 10, does not prevent a contractor's later recording of another timely notice of contract."

Volpe Construction Co. v. First National Bank of Boston , 30 Mass. App. Ct. 249 (1991)
Lien is automatically dissolved if action to enforce is not begun within required period from filing of statement.

Waverly Coop. Bank v. Haner , 273 Mass. 477 (1930)
Liens do not have a priority over a mortgage unless the work was actually begun prior to the recording of the mortgage.

Web sources

Massachusetts’ Mechanics’ Lien Law As of 2012, Sauer, Jonathan P. 
Discusses new concepts and forms under the amended statute as well as putting a mechanics' lien on the common areas of condominiums.

Massachusetts Mechanic's Lien Law Summary of Requirements, Worcester Registry of Deeds
Handy chart that outlines requirements by party.

The New Massachusetts Mechanics' Lien Law, Sauer, Jonathan P., 1996 
"In order to understand the changes in the lien law, it is necessary to recite the basic tenets of the existing law. Thereafter, we will extensively comment on the changes brought about by the new lien law and will suggest forms for complying with the same." Provides a good outline of how the law works, and the forms that need to be filed.

Print sources

Handbook of Standards and Forms. Real Estate Bar Association for Massachusetts, 2004. Standards 62, 63, 64

Lien Law and Prompt Pay Update, MCLE, 2011

Massachusetts Construction Law: Mechanics Liens, Payments and Disputes, Lorman, 2014

Massachusetts Conveyancers' Handbook with Forms, by Edward C. Mendler. West Group, with supplement. Sec. 6:22 and 9:8

Massachusetts Practice Series:

Massachusetts Real Estate Liens. MCLE, loose-leaf. Chapter 3

"The Mechanic's Lien - Are You Protected?," 48 New Eng. L. Rev. 579 (2014)

Contact

Phone

Within Massachusetts only

Within Massachusetts only

Online

Reference librarians online Chat with a law librarian 
Reference librarians via email masslawlib@gmail.com

Address

Administrative office (no law library at this location)
2 Center Plaza
9th Floor
Boston, MA 02108
Last updated: July 10, 2018

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