Massachusetts § 2D - Subcontractor of design professional; lien; form and filing of notice

§ 2D. Subcontractor of design professional; lien; form and filing of notice

Section 2D. Any person who furnishes professional services under a written subcontract with a design professional who is entitled to enforce a lien under section 2C and whose engagement has been approved in writing by or on behalf of the owner of the interest in land to which lien relates, may file or record in the registry of deeds for the county or district where such land lies a notice of his contract in substantially the following form:

Notice is hereby given that by virtue of a written subcontract dated , between , design professional, and , said ___ is to furnish or has furnished professional services relating to the proposed or actual erection, alteration, repair or removal of a building, structure or other improvement on a lot of land or other interest in real property described as follows, which services are a portion of the services furnished or to be furnished by said design professional under a written original contract with , owner:

(INSERT DESCRIPTION)

As of the time of this notice, an account of said subcontract is as follows:

1. estimated or agreed contract price: ___

2. approved extra or additional services: ___

3. payments received: ___

The regular mailing address of the subcontract party recording or filing this notice is as follows: .

Such notice of contract may be filed or recorded at any time after the execution of the written subcontract whether or not the professional services under such written subcontract have been commenced or completed, and whether or not the construction, alteration, repair or removal of the building, structure or other improvement to which such professional services relate has been, or is ever, commenced or completed, but not later than the earlier of: (i) 60 days after filing or recording of the notice of substantial completion under section 2A; or (ii) 90 days after the last day a design professional who is entitled to enforce a lien under section 2 or section 2C or any person claiming by, through or under him performed professional services for the project.

Upon filing or recording a notice and giving actual notice of such filing to the owner, the person filing such notice shall have a lien upon the property, land, building, structure or improvement owned by the party who entered into the original contract as appears of record at the time of such filing, to secure the payment of all amounts due or to become due to such person under his subcontract, regardless of the amount stated in the notice of contract. Such lien shall not exceed the amount due or to become due under the original contract as of the date actual notice of filing was given to the owner as hereinabove provided.