Massachusetts law about mechanics' liens

A builder, contractor, or subcontractor can record a mechanic's lien at a Registry of Deeds on property (not automobiles) for which they have supplied labor and/or materials in order to secure payment for their work.

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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

Sample documents provided by Sauer & Sauer Construction Law:

• Notice of Contract
• Statement of Account
• Dissolution of Lien
• Notice of Identification
• Sample Complaint

Selected cases

Selected court cases on the topic of mechanics' liens

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 and litigation, 2nd ed., MCLE, loose-leaf. Chapter 5. 

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:

• vol. 10C (Procedural forms annotated), 6th ed. West, 2009 with supplement, §§ 114:6, 114:7
• vol. 15A (Legal forms), 5th ed. West Group, 2008 with supplement, Chapter 36
• vol. 28 (Real estate law, with forms), 5th ed. Thomson Reuters, 2016 with supplement, §§ 11:18,11:19
• vol. 57 (Construction law), West, annual, Chapter 11

Massachusetts real estate liens, 2nd ed., MCLE, loose-leaf, Chapter 3

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

Last updated:	May 22, 2023