Massachusetts
Notice of Contract-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

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.

Document Title: Notice of Written Contract (Contractors), or Notice of Subcontract (Subcontractors / Suppliers), Design Professional Notice of Contract, or Design Professional Notice of Subcontract With Design Professional.

Scope: State of Massachusetts, Private Works.

Time Constraints:

The Notice of Written Contract (Contractors), or Notice of Subcontract (Subcontractors / Suppliers), Design Professional Notice of Contract, or Design Professional Notice of Subcontract With Design Professional can be recorded at any time up to 1) 60 days after the filing of a Notice of Substantial Completion, 2) 90 days after the filing of a Notice of Termination, or 3) 90 days after the last furnishing of labor or materials for the project. It is very important that the "Date Started Performance" and "Date Ended Performance" fields be filled in for the filing of your Notice of Written Contract (Contractors), or Notice of Subcontract (Subcontractors / Suppliers), Design Professional Notice of Contract, or Design Professional Notice of Subcontract With Design Professional, or the form may not be legally enforceable.

 

The appropriate form is chosen by your settings in Company Setup.  If no company type box is checked the program will automatically assume you are a Subcontractor or Supplier and use those forms by default:

 

The Sworn Statement of Account can be filed anytime after a Notice of Written Contract (Contractors), or Notice of Subcontract (Subcontractors / Suppliers), Design Professional Notice of Contract, or Design Professional Notice of Subcontract With Design Professional is filed, but within the same statutory times.  See Massachusetts Sworn Statement of Claim for more information.

If you are a “Design Professional” under the law (architect, surveyor, interior designer, etc.) be sure you have checked the Professional Svs. checkbox to print the Design Professional Notice of Subcontract With Design Professional form.  Again, if you have not set the General Contract checkbox in Company the program will assume you are a design professional subcontractor working with a design professional subcontractor:

Before you can file a lien claim, if you are a sub-subcontractor or supplier, you must have served a Notice of Identification (see Massachusetts Notice of Identification, Private Work). In addition, all contractors, subcontractors and suppliers must have filed a Notice of Substantial Completion before making a lien claim, although once filed there is nothing to restrict you from filing your claim immediately thereafter (See Massachusetts Notice of Substantial Completion, Private Work).

IMPORTANT: You cannot use standard “short” property description for property descriptions found in many property information services.  You are strongly urged to use a copy of the text from the legal description of the deed on file.  Many property information services have this information, but expect to pay for it.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to interest charges (Do not pass these up. Estimate if necessary. In the case of Bond Claims, the 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 Written Contract (Contractors), or Notice of Subcontract (Subcontractors / Suppliers), Design Professional Notice of Contract, or Design Professional Notice of Subcontract With Design Professional, Exhibit's A-D, if needed.

Procedures: Prepare your documents using the required information. Notarize, then file your Notice of Written Contract (Contractors), or Notice of Subcontract (Subcontractors / Suppliers), Design Professional Notice of Contract, or Design Professional Notice of Subcontract With Design Professional with the county recorder's office. Serve copies upon the owners (your customer is optional) and sureties. At this point you are ready to file suit to enforce all of your claims in one action.

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