Massachusetts - Essex County Notice of Contract Forms

All Essex County specific forms and documents listed below are included in your immediate download package:

Notice of Contract Form - Essex County

Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 10/28/2021

Notice of Contract Guide - Essex County

Line by line guide explaining every blank on the form.
Included document last updated 10/12/2021

Completed Example of the Notice of Contract Document - Essex County

Example of a properly completed form for reference.
Included document last updated 11/10/2021

Included Supplemental Documents

The Following Massachusetts and Essex County supplemental forms are included as a courtesy with your order.

List of Stamp Tax Rates (Massachusetts Document)

Deed Indexing Standards (Massachusetts Document)

Certificate of Acknowledgment - Individual (Massachusetts Document)

Certificate of Acknowledgment - Representative (Massachusetts Document)

Jurat (Massachusetts Document)

Frequently Asked Questions:

• How long does it take to get my forms?
  • Forms are available immediately after submitting payment.
• What are supplemental forms?
  • Often when a deed is recorded additional documents are required by the state or local jurisdiction. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
• How do I get my forms, are they emailed?
  • After you submit payment you will see a page listing the forms you ordered with a download link to the pdf form file. You download the forms to your computer. You will also receive an email with a link to your download page in case you need it later.
• What type of files are the forms?
  • All of our forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
• Can the forms be re-used?
  • Yes. You can re-use the forms for your personal use. For example, if you have more than one property in a given county that you need to transfer you would only need to order our forms once for all of your properties in that county.
• Are these forms guaranteed to be recordable in Essex County ?
  • Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Essex County including margin requirements, content requirements, font and font size requirements.
• Do I have to enter all of my property information online?
  • No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
• Can I save the completed form, email it to someone?
  • Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
• Do I need any special software to use these forms?
  • You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
• Are there any recurring fees involved?
  • No. Nothing to cancel, no memberships, no recurring fees.

Areas covered by these Notice of Contract Forms:

• Essex County

Including:

• Amesbury
• Andover
• Beverly
• Boxford
• Byfield
• Danvers
• Essex
• Georgetown
• Gloucester
• Groveland
• Hamilton
• Hathorne
• Haverhill
• Ipswich
• Lawrence
• Lynn
• Lynnfield
• Manchester
• Marblehead
• Merrimac
• Methuen
• Middleton
• Nahant
• Newbury
• Newburyport
• North Andover
• Peabody
• Prides Crossing
• Rockport
• Rowley
• Salem
• Salisbury
• Saugus
• South Hamilton
• Swampscott
• Topsfield
• Wenham
• West Boxford
• West Newbury

What is the Massachusetts Notice of Contract?

Under Massachusetts law, a contractor or subcontractor furnishing labor, material, equipment, or tools must file and record a Notice of Contract to claim a mechanic's lien. The Notice of Contract also puts all parties on notice that the party filing may have a claim for a mechanic's lien.

Whoever furnishes labor, including subcontractor construction management services, or furnishes material, labor and material, rental equipment, appliances or tools, or who performs professional services, under a written contract with a contractor, or with a subcontractor of the contractor, may file or record in the registry of deeds for the county or district where such land lies a notice of his contract. M.G.L. C. 254, 4.

The Notice of Contract contains the date of the contract, the names of the parties to the contract, the property owner's name and address, the address of the subject property and a legal land description, and a description of the contract amount as well as any modifications and amounts in dispute. Id.

The Notice should be filed or recorded any time after the written contract is executed, whether or not the date for performance stated in the written contract has passed and whether or not the work under the contract has been performed, but not later than the earliest of: (i) sixty days after filing or recording the notice of substantial completion; or (ii) ninety days after filing or recording the notice of termination; or (iii) ninety days after the last day a person entitled to enforce a lien or anyone claiming by, through or under him performed or furnished labor or materials or both labor and materials to the project or furnished rental equipment, appliances or tools, or performed professional services. Id.

The notice may also be filed by a person, or an authorized representative or third party beneficiary to whom amounts are due, or for whose benefit amounts are computed and due on the basis of that person performing labor under a written contract with a contractor, or with a subcontractor of such contractor. The person filing such notice shall not be required to itemize the amount of the contract, the amount of pending changes in the contract, the amount of outstanding claims or the amount paid in such notice. Id.

Upon the filing or recording of the notice, and giving actual notice to the owner of the filing, the subcontractor will have a lien upon the property, land, building, structure or improvement owned by the party who entered into the original contract as it appears in record at the time of the filing. Id. The lien will be used to secure the payment of all labor and material and rental equipment, appliances or tools or professional services which the subcontract will furnish or has furnished for the building or structure or other improvement, regardless of the amount stated in the notice of contract. Id.

The lien amount may not exceed the amount due or to become due under the original contract as of the date the notice of the filing of the subcontract is given by the subcontractor to the owner. Id.

Filing the notice of contract is a necessary step to perfect the mechanic's lien. A lien alone may not guarantee payment, however, and a lawsuit to enforce the lien or a foreclosure action may be required.

This article is provided for informational purposes only and should not be relied upon as a substitute for professional legal advice. If you have any questions about filing a mechanic's lien in Massachusetts, please consult with an attorney.

Save Time and Money

Get your Essex County Notice of Contract form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

Our Promise

The documents you receive here will meet, or exceed, the Essex County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

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