Worcester County Notice of Identification Form (Massachusetts)

The following Massachusetts and Worcester County supplemental forms are included as a courtesy with your order:

When using these Notice of Identification forms, the subject real estate must be physically located in Worcester County. The executed documents should then be recorded in one of the following offices:

Local jurisdictions located in Worcester County include:

• Ashburnham
• Athol
• Auburn
• Baldwinville
• Barre
• Berlin
• Blackstone
• Bolton
• Boylston
• Brookfield
• Charlton
• Charlton City
• Charlton Depot
• Cherry Valley
• Clinton
• Douglas
• Dudley
• East Brookfield
• East Princeton
• East Templeton
• Fayville
• Fiskdale
• Fitchburg
• Gardner
• Gilbertville
• Grafton
• Hardwick
• Harvard
• Holden
• Hopedale
• Hubbardston
• Jefferson
• Lancaster
• Leicester
• Leominster
• Linwood
• Lunenburg
• Manchaug
• Mendon
• Milford
• Millbury
• Millville
• New Braintree
• North Brookfield
• North Grafton
• North Oxford
• North Uxbridge
• Northborough
• Northbridge
• Oakham
• Oxford
• Paxton
• Petersham
• Princeton
• Rochdale
• Royalston
• Rutland
• Shrewsbury
• South Barre
• South Grafton
• South Lancaster
• Southborough
• Southbridge
• Spencer
• Sterling
• Still River
• Sturbridge
• Sutton
• Templeton
• Upton
• Uxbridge
• Warren
• Webster
• West Boylston
• West Brookfield
• West Millbury
• West Warren
• Westborough
• Westminster
• Wheelwright
• Whitinsville
• Winchendon
• Winchendon Springs
• Worcester

Subcontractors, vendors, and design professionals involved in a work of improvement must send a special type of notice when they have not contracted directly with the original contractor or property owner and are working under another party. This preserves these individual's rights to a mechanic's lien while letting the owner know who is involved in the job and may have a later claim if unpaid.

In Massachusetts, a lien claimant without a direct contractual relationship with the original contractor, except for liens for labor, can only claim an amount of lien less than or equal to the amount due or to become due under the subcontract between the original contractor and the subcontractor whose work includes the work of the person claiming the lien. M.G.L. Ch. 254, 4. However, if the claimant files a Notice of Identification within thirty (30) days of commencement of his performance, lien rights are preserved for the full amount of services or materials expended. Id.

The Notice of Identification contains the following information: 1) contractor's name; 2) name of the party sending the notice; 3) whether the claimant is a subcontractor, vendor, or design professional; 4) name of the person contracted with; 5) name of the person or party furnished; 6) the property address where work is performed; and 7) the amount of the contract. Id. The Notice must be sent via certified mail, return receipt requested, to the original contractor within thirty (30) days of starting performance.

The amount stated in any such notice of identification shall not limit the amount of the lien. Id. Any inaccuracy in the naming of the contractor or other information in such notice shall not affect its validity provided there is actual notice. Id.

This article is provided for informational purposes only and should not be relied upon as a substitute for professional legal advice. If you have questions about the Notice of Identification, or any other issues related to lien laws in Massachusetts, please consult with an attorney.

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The documents you receive here will meet, or exceed, the Worcester 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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