Massachusetts Sworn Statement of Claim
Sworn Statement of Claim-Private 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: Sworn Statement of Account.
Scope: State of Massachusetts, Private Works.
The Sworn Statement of Account 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, or Notice of Subcontract, or the form may not be legally enforceable.
The Sworn Statement of Account can be filed anytime after 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, but within the same statutory times.
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:
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.
Perfection: To perfect your Mechanic's or Material man’s Lien, you must file suit to enforce the lien within 90 days of filing the Sworn Statement of Account with the County Recorder’s Office.
Payment Bond: Where a Payment Bond has been provided by a surety, after you have filed your Mechanic's Lien file suit against the sureties within the time limitations stated in the bond.
Lien Bond: A lien bond may be recorded in the County Registry to prevent Mechanic's Liens from attaching to the property. Before you can make a claim on a Lien Bond you must have met the other requirements for a lien claim. Serve both a copy of your Notice of Contract and a Claim on Bond on the surety providing the bond. If not paid, you must file suit on the bond within 90 days after your last furnishing of labor or materials.
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, any additional costs as to legal fees, court costs and 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: Sworn Statement of Account, Exhibit's A-D, if needed, and Recorder's Letter.
Procedures: Prepare your documents using the required information. Notarize, then file your Sworn Statement of Account 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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