Massachusetts § 28 - Subcontractor; written contract; notice; filing; form

§ 28. Subcontractor; written contract; notice; filing; form

Section 28. Whoever, subsequent to the date of the original contract, furnishes labor or material, or both labor and material, under a written contract with a contractor contracting as provided in section twenty-seven, or with a sub-contractor of such contractor, may file in the registry of deeds for the county or district where such land or flats lie a notice of his contract substantially in the following form:

Notice is hereby given that by virtue of a written contract dated , between , contractor (or sub-contractor), and , said is to furnish labor or material, or both labor and material, in the reclaiming or raising the level, by , contractor, for , owner, of land or flats described as follows:

Upon filing a notice, as hereinbefore provided, and giving actual notice to the owner of such filing, the sub-contractor shall have a lien to secure the payment of all labor and material, which he shall thereafter furnish, upon the interest of the owner, as appears of record at the time of such filing, in the lot of land or flats reclaimed or improved in the manner described in section twenty-seven.

Such notice may also be filed by a person, or his assignee, agent, authorized representative or third party beneficiary to whom amounts are due or for whose benefit amounts are computed and due for or on the basis of that person performing labor under a written contract with a contractor, or with a subcontractor of such contractor.