Notice of Claim-Public Work

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Description: Notice of Claim on Payment Bond and Petition for Equity.

Scope: State of Massachusetts, Public Works.

Time Constraints: If your have provided specially fabricated materials to a job, you must have given Preliminary Notice of said delivery prior to making a lien claim. See Massachusetts Preliminary Notice, Public Work, memo for more information.

You must serve initial copies of the Notice of Claim on Payment Bond and Petition for Equity on the prime contractors, public entities and sureties within 65 days of last furnishing labor, materials or services. Payment bonds may have individual requirements, and you must look to the bond for specific restrictions.

Perfection: If payment is not received within 65 days of the date the payment was due, file a copy of the Notice of Claim on Payment Bond and Petition for Equity with the County Recorder’s Office in the county where the project is located. Once this is done, you may bring legal action to enforce the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D and any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary. Public entities and sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice of Claim on Bond and Lien for Public Improvement and Exhibits A-D, if needed.

Procedures: Prepare your documents using the required information. Within the time frames listed above, prepare your Notice of Claim on Bond and Lien for Public Improvement, and serve copies immediately on the public entities, prime contractors and sureties (Your sub-contractor is optional). After service, you may file suit any time after 90 days from the end of your performance.

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