Massachusetts
Preliminary Notice-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 at your own risk and 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 Identification of Second Tier and Lower Subcontractors to General Contractor

Scope: State of Massachusetts, Private Work.

Time Constraints: The Notice of Identification must be sent to the General Contractor by any party performing work or supplying or furnishing rental equipment who has a written contract with either the General Contractor or first tier subcontractor (who are not required to do a Notice of Identification) but not a direct contractual relationship with the General Contractor or owner.  This notice must be sent by certified mail within 30 days of the commencement of your performance.  Failure to serve this notice limits the amount of a lien of a lower-tier subcontractor or supplier. The form must be notarized.  The form is not filed with the county recorder’s office unless you are submitting it with a Notice of Written Contract claim.

IMPORTANT: Suppliers of supplies and sellers of construction tools and equipment are not covered by the construction law.  You must directly supply a contractor or subcontractor.

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: The information required by program.

Form Types: Notice of Identification, Exhibits A-D (if needed) and Owner Letter (if used).

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Copies of all of the forms must be sent via certified mail to the General Contractor, optionally to the owner and customer.

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