Massachusetts Notice Requirements

General Contractors — Notice of Contract (60-Day Deadline)

Under Massachusetts law, general contractors must record a Notice of Contract with the appropriate registry of deeds (or land court for registered land) within 60 days of executing a written contract with the property owner. This notice serves as a public record of the construction contract and is a prerequisite to filing a valid mechanic lien.

The Notice of Contract must identify the parties, describe the property, and reference the written contract. Failure to record this notice within 60 days may impair the general contractor's ability to enforce a mechanic lien claim.

Subcontractors & Suppliers — Notice of Identification (60-Day Deadline)

Subcontractors and material suppliers must file a Notice of Identification with the appropriate registry of deeds within 60 days of first furnishing labor or materials to the project. This notice alerts the property owner and other interested parties that the subcontractor or supplier is providing work or materials and may have mechanic lien rights.

The Notice of Identification must include the claimant's name and address, a description of the labor or materials being furnished, the name of the person who contracted for the work, and the property location. Failure to file within 60 days may result in the loss of mechanic lien rights.

Public Works — Bond Claim Notice (M.G.L. c.149 §29)

On public works projects in Massachusetts, mechanic liens cannot be filed against public property. Instead, claimants must pursue bond claims under M.G.L. c.149 §29. Claimants must provide written notice within 65 days of last furnishing labor or materials.

The notice must be served on the general contractor and must identify the claimant, the nature and value of the labor or materials furnished, and the public project. Failure to provide timely notice may bar the bond claim.

Recording Requirements & Best Practices

Both the Notice of Contract and Notice of Identification must be recorded with the registry of deeds in the county where the property is located, or with the land court for registered land. Recording fees and formatting requirements vary by county.

Claimants should maintain copies of all recorded notices and confirm recording with the registry. National Lien & Bond provides attorney-backed compliance and recovery services to help Massachusetts construction professionals meet all notice requirements.

No Preliminary Notice Required for General Contractors (Other Than Notice of Contract)

Massachusetts does not require a separate preliminary notice from general contractors beyond the Notice of Contract. However, the Notice of Contract must be timely recorded to preserve mechanic lien rights. Subcontractors and suppliers rely on the Notice of Identification as their primary preliminary notice obligation.