Massachusetts
Preliminary Notice-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.

Document Title: Notice of Right to Lien and Request for Copy of Public Bond

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.

Revised 06/20/95

Document Title: Notice of Right to Lien and Request for Copy of Public Bond.

Scope: State of Massachusetts, Public Work.

Time constraints: With one exception, none. Send anytime after the start of furnishing, but within 65 days (the time for filing your lien claim) of the date of your last furnishing. However, you may have right to a Public Improvement lien on unpaid funds or a claim on the project bond. Since that bond can be liened it is handy to know the facts of the bond.

If you do not have a copy of the surety bond already, we strongly urge you to send this form. By law, the State Comptroller must provide a copy of the bond. If you do have the information, you are ready to file your public lien claim.

Important: One exception to the Preliminary Notice requirements for public works is the case of specially fabricated materials not incorporated into the project. In this case, the Prime Contractor must be given notice of the placement and amount of the order with 20 days after the claimant receives final written approval of such materials. If this is the case, get your notice out as soon as possible. Use the 'Service Description' option of the second page of the entry screen to describe your special fabrication.
Information requirements: The information required by program.

Form types: Notice of Right to Lien and Request for Copy of Public Bond, 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 to all public entities involved. Important: Obtaining the public bond information, and filing against that bond, may represent your only chance of recovery if all public funds have been disbursed. We strongly urge you to obtain this information if at all possible.

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