How long do I have to record a statement of account for a Massachusetts mechanic's lien?

For liens under sections 2 and 4, M.G.L. c.254 s.8 requires the statement giving a just and true account of the amount due to be recorded no later than the earliest of the listed events, including one hundred and twenty days after the last day the claimant performed or furnished labor or materials.

Can a construction contract waive Massachusetts lien rights in advance?

Under M.G.L. c.254 s.32, a covenant purporting to bar the filing of a notice of contract or any steps to enforce a lien under Chapter 254 is against public policy and void and unenforceable, subject to the statutory exceptions listed in that section.

Mechanic's Lien Deadlines in Massachusetts

Massachusetts mechanic's lien rights under M.G.L. c.254 depend on recording a notice of contract, recording a statement of account, and commencing a civil action within statutory time limits tied to the last labor or materials furnished.

Massachusetts mechanic's lien rights are governed by the Massachusetts General Laws, Chapter 254 (Liens). The statute grants lien rights to those who furnish labor or materials for improvements to real property, sets deadlines to record a notice of contract and a statement of account, and fixes a deadline to enforce the lien by civil action. The paragraphs below state the requirements with citations to the controlling sections of Chapter 254.

Filing and enforcing a mechanic's lien in Massachusetts

Under M.G.L. c.254 s.

Under M.G.L. c.254 s.2, a person entering into a written contract with the owner of an interest in real property, or with a person acting for or with the consent of that owner, has a lien upon the real property to secure payment for the labor and materials furnished. ¹

Under M.G.L. c.254 s.4, a notice of contract must be filed or recorded no later than the earliest of specified events, including sixty days after recording a notice of substantial completion and ninety days after the last day a person entitled to enforce the lien performed or furnished labor or materials. ²

Under M.G.L. c.254 s.2A, upon or after substantial completion of a contract subject to section 2, the owner and contractor file or record a notice of substantial completion in the registry of deeds; substantial completion means the work is sufficiently complete so that it can be occupied or utilized for its intended use. ³

Under M.G.L. c.254 s.

Under M.G.L. c.254 s.11, the lien is dissolved unless a civil action to enforce it is commenced within ninety days after the filing of the statement required by section eight. ⁴

Under M.G.L. c.254 s.32, a contract covenant purporting to bar the filing of a notice of contract or the taking of any steps to enforce a lien under this chapter is against public policy and is void and unenforceable. ⁵

Sources

Under M.G.L. c.254 s.2, a person entering into a written contract with the owner of an interest in real property, or with a person acting for or with the owner's consent, has a lien upon that real property.
M.G.L. c.254 s.2M.G.L. c.254 s.2: Written contract; notice; time for filing; formVerified August 4, 2026↑
Under M.G.L. c.254 s.4, a notice of contract must be filed or recorded no later than the earliest of specified events, including sixty days after recording a notice of substantial completion and ninety days after the last day a person entitled to enforce the lien performed or furnished labor or materials.
M.G.L. c.254 s.4M.G.L. c.254 s.4: Subcontractors; written contract; notice; filing; formVerified August 4, 2026↑
Under M.G.L. c.254 s.2A, upon or after substantial completion of a contract subject to section 2 the owner and contractor file or record a notice of substantial completion in the registry of deeds, and substantial completion means the work is sufficiently complete so that it can be occupied or utilized for its intended use.
M.G.L. c.254 s.2AM.G.L. c.254 s.2A: Written contract; substantial completion; definitions; notice; filing; formVerified August 4, 2026↑
Under M.G.L. c.254 s.11, the lien is dissolved unless a civil action to enforce it is commenced within ninety days after the filing of the statement required by section eight.
M.G.L. c.254 s.11M.G.L. c.254 s.11: Action to enforce lien; time to commence; validity of lienVerified August 4, 2026↑
Under M.G.L. c.254 s.32, a contract covenant purporting to bar the filing of a notice of contract or the taking of any steps to enforce a lien under this chapter is against public policy and is void and unenforceable.
M.G.L. c.254 s.32M.G.L. c.254 s.32: Void and unenforceable covenants, promises, etc.; exceptionsVerified August 4, 2026↑

Frequently asked questions

How long do I have to record a statement of account for a Massachusetts mechanic's lien?: For liens under sections 2 and 4, M.G.L. c.254 s.8 requires the statement giving a just and true account of the amount due to be recorded no later than the earliest of the listed events, including one hundred and twenty days after the last day the claimant performed or furnished labor or materials.
What is the deadline to enforce a Massachusetts mechanic's lien by lawsuit?: Under M.G.L. c.254 s.11, the lien is dissolved unless a civil action to enforce it is commenced within ninety days after the filing of the statement required by section 8.
Can a construction contract waive Massachusetts lien rights in advance?: Under M.G.L. c.254 s.32, a covenant purporting to bar the filing of a notice of contract or any steps to enforce a lien under Chapter 254 is against public policy and void and unenforceable, subject to the statutory exceptions listed in that section.

This page is general information about state law, not legal advice. Laws change, and how they apply depends on the facts of your situation.