According to the Massachusetts mechanic's lien procedure, a Statement of Account is the second document that must be filed.
The time for filing depends upon whether certain other filings have been made. For instance, if a Notice of Substantial Completion has been filed or recorded, the Statement of Account must be filed ninety (90) days after the filing or recording of the Notice of Substantial Completion. M.G.L. Ch. 254, 8.
If a Notice of Termination has been filed or recorded, the Statement of Account must be filed one hundred and twenty (120) days after the filing or recording of the Notice of Termination. Id.
Otherwise, the Statement of Account must be filed one hundred and twenty (120) days after the last day a person who is entitled to enforce a lien under a written contract or anyone claiming by, through or under him, performed or furnished labor or material or both labor and materials or furnished rental equipment, appliances or tools, files or records in the registry of deeds in the county or district where the land lies a statement, giving a just and true account of the amount due or to become due him, with all just credits, a brief description of the property, and the names of the owners set forth in the notice of contract. Id.
In addition, liens for design professions or their subcontracts will be dissolved unless a like statement is filed or recorded at the appropriate registry of deeds within thirty (30) days after the last day that a notice of contract may be filed or recorded. Id.
A lien for labor only will be dissolved unless a like statement, giving the names of the owner of record at the time the work was performed or at the time of filing the statement, is filed or recorded in the appropriate registry of deeds within the ninety (90) days provided to claim a lien. Id.
Nothing prohibits the filing or recording of a statement under this section prior to the filing or recording of the notices of substantial completion or termination. Id.
The Statement of Accounts contains the following information: 1) names and addresses of the parties to the written contract; 2) owner's name and address; 3) address of subject property; 4) a legal property description of the subject property; and 5) the original contract amount as well as all change orders, amounts in dispute, amounts received, and amount currently due. Id. The statement must be filed and recorded in the county register of deeds in the county where the subject property is located.
This article is provided for informational purposes only and should not be relied upon as a substitute for advice from an attorney. Please speak with a Massachusetts attorney if you have any questions about a Statement of Account or for any other issues concerning mechanic's liens.
Deeds.com Massachusetts Statement of Account Forms Have Been Updated as Recently as Tuesday June 11, 2019
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