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Lien waivers by state · Massachusetts

Massachusetts lien waiver requirements

Massachusetts is a statutory-form state

Massachusetts is a statutory-form state for lien waivers. M.G.L. c. 254, § 32 voids any agreement that purports to bar the filing or enforcement of a mechanic's lien, but it carves out an exception: a general contractor (a party who has recorded a notice of contract) may give a "Partial Waiver and Subordination of Lien" only if it uses the form prescribed in § 32 "substantially... with no material deviation therefrom." The statutory form waives lien rights only to the extent of payment actually received and reserves retainage, pending/agreed change orders, and disputed claims; the statute prescribes no separate form for subcontractors, who execute partial waivers tracking the statutory format.

Statute: M.G.L. c. 254, § 32 (mechanic's lien statute: c. 254, §§ 1-46)

Massachusetts lien waiver forms

The four standard waiver-and-release types and Massachusetts’s rules for each.
Waiver type	Statutory form?	Notarized?
Conditional waiver and release on progress payment
Unconditional waiver and release on progress payment
Conditional waiver and release on final payment
Unconditional waiver and release on final payment

Requirements at a glance

Notarization: Notarization is not required. The statutory § 32 waiver form is instead "Signed under the penalties of perjury." Notarization is optional and sometimes done for added evidentiary weight.
Mandatory statutory language: M.G.L. c. 254, § 32 prescribes a Partial Waiver and Subordination of Lien form that must be followed "substantially... with no material deviation therefrom." It applies to general contractors who have recorded a notice of contract; the statute prescribes no separate form for subcontractors, though subs use partial waivers that track the statutory format. Section 32 also voids any waiver/agreement that purports to bar the filing or enforcement of a lien outside these permitted partial-waiver and lien-bond contexts.
Electronic signatures accepted

Key Massachusetts deadlines

Preliminary / pre-lien notice: No preliminary notice required for general contractors (service of the notice of contract on the owner is best practice but not mandatory for GCs). Subcontractors must serve/mail the recorded Notice of Contract on the property owner by certified mail; sub-subcontractors must also send a Notice of Identification to the GC within 30 days of starting work.
Notice of intent to lien: Not required. Massachusetts has no Notice of Intent to Lien requirement; lien rights are preserved by recording a Notice of Contract (and, for certain lower-tier parties, a Notice of Identification within 30 days of starting work).
Mechanics lien filing deadline: Notice of Contract must be recorded by the earliest of: 60 days after recording a notice of substantial completion, 90 days after recording a notice of termination, or 90 days after last furnishing labor/materials. The Statement of Account must then be recorded by the earliest of 90 days after substantial completion notice, or 120 days after termination notice / last work. An enforcement lawsuit must be filed within 90 days of recording the Statement of Account (with a certified copy of the complaint recorded within 30 days of filing).

Massachusetts lien waiver FAQ

Does Massachusetts require a specific lien waiver form?

Yes. M.G.L. c. 254, § 32 prescribes a 'Partial Waiver and Subordination of Lien' form that general contractors must follow 'substantially... with no material deviation,' and the statute voids waivers that purport to bar lien rights outside the permitted partial-waiver context. Subcontractors have no separately prescribed form but typically use partial waivers tracking the statutory format.

Do lien waivers need to be notarized in Massachusetts?

No. Massachusetts lien waivers do not need to be notarized. The statutory § 32 form is instead signed 'under the penalties of perjury'; notarization is optional.

Can lien waivers be signed electronically in Massachusetts?

Yes. Massachusetts adopted the Uniform Electronic Transactions Act (M.G.L. c. 110G), and the federal E-SIGN Act applies, so an electronic signature generally has the same legal effect as a handwritten one on a lien waiver.

What is the deadline to file a mechanics lien in Massachusetts?

A general contractor must record a Notice of Contract by the earliest of 60 days after a notice of substantial completion, 90 days after a notice of termination, or 90 days after last furnishing labor/materials; then record a Statement of Account (earliest of 90 days after substantial completion, or 120 days after termination/last work); and file an enforcement suit within 90 days of recording the Statement of Account.