Whether you’re a homeowner, contractor, or subcontractor working on a construction project in Massachusetts, it’s important to understand how mechanic’s liens work. This legal tool plays a key role in ensuring that those who provide construction labor or materials get paid.
This article explains mechanic’s liens in plain English and walks you through who can file one, how the process works, and what deadlines you need to know.
What Is a Mechanic’s Lien
A mechanic’s lien is a legal encumbrance that someone (like a contractor, subcontractor, or material supplier) can record with the registry of deeds against a piece of real estate when they haven’t been paid for work or materials provided to improve the property (see G.L. c. 254, §§ 1-4).
For example, if a contractor builds a deck but doesn’t get paid, it can record a mechanic’s lien. This lien puts a “cloud” on the property’s title, meaning the owner effectively can’t sell or refinance until the lien is resolved.
Unlike a mortgage or loan, a mechanic’s lien doesn’t require the owner’s consent. That makes it a powerful tool, but one that must be used properly and according to strict legal deadlines.
Who Can File a Mechanic’s Lien?
To qualify, a person or company must:
- Have a written contract for the work or materials (G.L. c. 254, §§ 2, 4);
- Be involved in the construction, repair, alteration, or improvement of real property; and
- Follow all statutory procedures set forth in G.L. c. 254, Massachusetts’ mechanic’s lien statute.
The following parties may have lien rights:
- General contractors (G.L. c. 254, § 2);
- Subcontractors and sub-subcontractors (G.L. c. 254, § 4);
- Material and equipment suppliers (G.L. c. 254, §§ 2, 4); and
- Design professionals (G.L. c. 254, §§ 2C, 2D).
However, no liens are allowed on public property (e.g., state-owned buildings, schools, municipal projects) (G.L. c. 254, § 6) .
General Contractor Liens (G.L. c. 254, § 2)
General contractors, i.e., those with a direct contractual relationship with the property owner, must follow these steps:
- Execute a Written Contract
The lien is valid only if there is a written contract with the property owner or someone authorized by the owner.
- File a Notice of Contract
Must be recorded at the registry of deeds in the county where the property is located. This can be done any time after signing the contract but no later than the earliest of:
- 60 days after a Notice of Substantial Completion is recorded (G.L. c. 254, § 2A);
- 90 days after a Notice of Termination is recorded (G.L. c. 254, § 2B); or
- 90 days after the contractor last performed work or supplied materials (G.L. c. 254, § 2).
- File a Statement of Account (G.L. c. 254, § 8)
This document lists the amount owed and must be filed at the appropriate Registry of Deeds no later than:
- 90 days after the issuance of a Notice of Substantial Completion;
- 120 days after the recording of a Notice of Termination; or
- 120 days after last furnishing labor or materials.
- Enforce the Lien
A general contractor must file a lawsuit to enforce the lien within 90 days of recording the Statement of Account. It then must record an attested copy of the complaint at the Registry of Deeds within 30 days of filing (G.L. c. 254, § 11).
Subcontractor Liens (G.L. c. 254, § 4)
Subcontractors and lower-tier vendors (those who do not contract directly with the property owner) follow a similar, but not identical, process.
- Written Contract Required
To enforce a lien, a subcontractor must have a written contract.
- File a Notice of Contract
Just like general contractors, a Notice of Contract must be recorded at the Registry of Deeds no later than the earliest of:
- 60 days after a Notice of Substantial Completion (G.L. c. 254, § 2A);
- 90 days after a Notice of Termination (G.L. c. 254, § 2B); or
- 90 days after the last furnishing of labor, materials, or equipment by anyone under the original contract (G.L. c. 254, § 4).
- Send a Notice of Identification (If Required)
If the subcontractor does not have a direct contractual relationship with the general contractor, it must send a Notice of Identification to the general contractor by certified mail, return receipt requested, within 30 days of commencing work on the project (G.L. c. 254, § 4).
- File a Statement of Account and Enforce the Lien
The same rules apply as for general contractors: file the Statement of Account under G.L. c. 254, § 8, and enforce the lien under G.L. c. 254, § 11.
Subcontractors in Massachusetts should be aware that when the project owner is a tenant, their mechanic’s lien typically attaches only to the tenant’s leasehold interest, not to the underlying property owned by the landlord. This is often less valuable, as the lien may expire when the lease ends and may not be enforceable against the building or land itself. Unlike general contractors, subcontractors can’t extend their lien to the landlord’s ownership interest just because the landlord allowed the work to happen. Under G.L. c. 254, § 4, lien rights are tied to the party who entered into the original contract, not the party who owns the property.
The Massachusetts Supreme Judicial Court confirmed this rule in Trace Construction, Inc. v. Dana Barros Sports Complex, LLC, 459 Mass. 346 (2011), holding that a subcontractor who contracted with a tenant could not attach a lien to the landlord’s ownership interest unless the landlord was directly involved in the contract. In some cases, the lease between the landlord and tenant may also limit lien rights, particularly if the lease clearly states that the landlord did not agree to or authorize the improvements. For this reason, subcontractors should always review who owns the property and how the project is structured before beginning work on a leased space.
Quick Reference Chart: Key Deadlines for Mechanic’s Liens in Massachusetts
| Action | Deadline | Details |
| File Notice of Contract (GC or Sub) | Earliest of: 60 days after Substantial Completion, 90 days after Termination, or 90 days after last work (G.L. c. 254, §§ 2, 4) | Provides notice that entity has lien rights with respect to subject property. |
| File Statement of Account | Earliest of: 90 days after Substantial Completion, 120 days after Termination, or 120 days after last work (G.L. c. 254, § 8) | Documents the amount owed. |
| File Lawsuit to Enforce the Lien | Within 90 days after filing Statement of Account (G.L. c. 254, § 11) | Initiate a lawsuit in court to enforce the lien. |
| Record Complaint at Registry | Within 30 days after filing lawsuit (G.L. c. 254, § 11) | Required to perfect the lien. |
Design Professional Liens (G.L. c. 254, §§ 2C, 2D)
Licensed design professionals, including architects, engineers, land surveyors, and landscape architects, may also record a mechanic’s lien. They must have a written contract and provide professional services related to the planning or execution of a construction project.
No Lien Rights on Public Property (G.L. c. 254, § 6)
Mechanic’s liens cannot be filed against real estate owned by the Commonwealth, a city, town, or public district. Contractors on public projects must pursue payment through bond claims or contract enforcement.
How to Remove or Dispute a Mechanic’s Lien
Property owners have several ways to remove or contest a lien:
- Negotiate a resolution with the lienholder;
- Obtain a lien bond from a surety and record it with the Registry to dissolve the lien (G.L. c. 254, § 14);
- Challenge the lien in court (G.L. c. 254, § 15); or
- Record a release of lien if payment has been made (G.L. c. 254, § 10).
Tips for Avoiding Mechanic’s Lien Disputes
Here are some proactive steps to avoid mechanic’s lien disputes:
- Use written contracts with clear terms and payment schedules;
- Document all communications and change orders;
- Make payments on time and keep proof of every transaction;
- Require partial and final lien waivers as a condition of payment (G.L. c. 254, § 32); and
- Communicate regularly to prevent misunderstandings.
Conclusion: Mechanic’s Liens Made Simple
Mechanic’s liens are a powerful tool for ensuring fair payment, but they also involve complex rules and tight deadlines. Whether you’re a contractor protecting your right to be paid or a property owner trying to resolve a lien, timing and proper paperwork are everything.
If you have questions or need help filing or responding to a mechanic’s lien in Massachusetts, our construction law team is here to help. Contact us today for knowledgeable, approachable guidance.
Ryan Paine is a construction attorney at the Boston-based law firm Conn Kavanaugh Rosenthal Peisch & Ford, LLP.
He can be reached at rpaine@connkavanaugh.com.
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