Massachusetts mechanics lien: what to do when a customer won't pay, with the deadlines and the letter to send
- Free. The demand letter and deadline worksheet come by email.
- Deepsel is our product: free estimate, invoice and scheduling software for home-service contractors (scheduling, quotes, invoicing, card payments). The section before the FAQ says where it fits and what it won't do for you.
- Not legal advice. A lien suit is a lawsuit: have a Massachusetts attorney check your dates and documents before you record anything.
If a Massachusetts customer won't pay, your lien clock started on your last day of work. To keep a mechanic's lien under Chapter 254, you record a notice of contract at the registry of deeds within 90 days of that day, record a statement of account within 120 days, and sue to enforce it within 90 days after the statement. Miss one and the lien dissolves.123 Before any of that, send a written demand. For a balance of $7,000 or less, small claims court is the cheaper route,4 and you can run it alongside the lien.
I made a free download for this: a demand letter written to the Massachusetts debt collection rules, and a deadline worksheet that turns your last day of work into dates. Get it three ways: make your own copy in Google Docs (opens in your Drive), download the Word version (.docx), or download the PDF. Pick a format, enter your email and I'll send the links.
A roofer put the problem on Reddit in one line: "We have a customer who completely refuses to pay." The top answer, with 177 upvotes, was just as short: "Slap a lien on the house."5 In Massachusetts that takes two recorded documents, a notary and a lawsuit, each with its own deadline. Here's the order I'd do it in, with the statute behind every step.
Massachusetts mechanics lien deadlines at a glance
Count from your last day of real work on the job. Day 1 is the next day.6 Two notices can pull the dates in: a notice of substantial completion, which you and the owner record once the work can be used, and a notice of termination, which the owner records if the contract ends early.7
| Step | Deadline | Counted from | Law |
|---|---|---|---|
| Bill becomes a "debt" under the Attorney General's collection rules | More than 30 days past due | The due date | 940 CMR 7.038 |
| Tell the homeowner the amount, who's owed, and that they have 30 days to dispute | 5 business days | Your first collection contact once it's a debt | 940 CMR 7.08 |
| Sub-sub or supplier only: notice of identification to the general contractor, by certified mail | 30 days | The day you started work | c. 254, §49 |
| Record the notice of contract (a sub also gives the owner actual notice) | 90 days, or 60 after a notice of substantial completion, or 90 after a notice of termination, whichever comes first | Your last day of work | c. 254, §§2, 4 |
| Record the statement of account | 120 days, or 90 after a notice of substantial completion, or 120 after a notice of termination, whichever comes first | Your last day of work | c. 254, §8 |
| File the lawsuit to enforce the lien | 90 days | Recording the statement of account | c. 254, §11 |
| Record an attested copy of the complaint | 30 days | Filing the lawsuit | c. 254, §510 |
| Sue on the bond, if the owner bonds off your lien | 90 days | The later of your statement or notice of the bond | c. 254, §1411 |
| Sue on the contract (small claims or regular court), lien or no lien | 6 years | The missed payment | c. 260, §212 |
| Homeowner's appeal after losing in small claims | 10 days | The magistrate's finding | c. 218, §2313 |
| Your counterclaim, if the homeowner files state arbitration | 10 business days | OCABR's notice that it accepted the case | 201 CMR 14.05(4)14 |
An example: your last day on a kitchen was October 1, 2026. The notice of contract is due by December 30, 2026 and the statement of account by January 29, 2027. Record the statement on January 15, 2027 and the lawsuit is due by April 15, 2027. If a deadline lands on a weekend or holiday, Massachusetts law usually moves it to the next business day,156 but registries are closed then and I wouldn't bet a lien on that rule. Record early. The worksheet in the download does the counting for your own job.
What to do when a customer refuses to pay: the first steps, in order
These steps are the same in every state. Massachusetts changes four things: when you can stop work, how often you can call, what your letter may say, and when you can ask for the final payment.
1. Call once and find out why
A customer who can't pay and a customer who thinks the work isn't done need different answers. Ask which it is, write down the date and what they said, and don't argue the punch list on the phone. If it's money, go to step 4. If it's the work, offer a walk-through in writing.
2. Keep working, or stop the right way
On a job that's still going, a missed payment makes you want to pull the crew. Careful. Chapter 142A lists "abandoning or failing to perform, without justification, any contract" as a prohibited act, and every violation of that chapter is an unfair or deceptive act under Chapter 93A.16 So stop the way your contract allows, in writing. My Massachusetts home improvement contract template lets you pause after a payment is 10 days late, with 5 days' written notice.
Massachusetts also gives you a tool. Your contract can't make the whole balance due because you feel insecure, but "where the contractor deems himself to be insecure he may require as a prerequisite to continuing said work that the balance of funds due under the contract, which are in the possession of the owner, shall be placed in a joint escrow account requiring the signature of the contractor and owner for withdrawal."17 If payments slip mid-job, ask for that in writing before you buy the next round of materials.
3. Put it in writing: the invoice, then a demand letter
Send the invoice again with the due date and the balance. If that date passes, send a demand letter by certified mail and first-class mail. The download has one. In Massachusetts the letter comes with rules, because the Attorney General's debt collection regulation, 940 CMR 7.00, treats you as a "creditor" even when you're collecting your own bill. Once the bill is more than 30 days past due, it's a "debt" under that regulation,8 and these apply:
- Within five business days of your first contact about it, give the homeowner the amount, your company's name, and a statement that they have 30 days to dispute it. The letter in the download has that paragraph. If they dispute in writing, stop collecting the disputed part until you've mailed them the documents they signed and a ledger of charges and payments.8
- No more than two calls or texts in seven days to their home or cell phone, between 8 a.m. and 9 p.m., and no more than one visit to the house in 30 days.8 The roofer on Reddit wrote, "We've tried to call him from different numbers, and he just hangs up."5 In Massachusetts, that pattern is a regulation problem of its own.
- Don't threaten anything you can't legally do or don't intend to do.818 A lien warning is fine when you have a written contract, the deadline hasn't passed, and you mean it.
- Write only to the people who owe it. Telling a neighbor, relative or employer is unfair collection, and so is debt-collection wording on the envelope. If the homeowner's lawyer tells you to deal with them, write to the lawyer only.18
- Ask only for charges the contract allows. Saying the bill will grow by lawyer's fees or late charges your contract doesn't provide for is an unfair practice by itself.8
The final payment has its own rule. Chapter 142A says "No final payment shall be demanded until the contract is completed to the satisfaction of the parties thereto," and demanding a payment in violation of that clause is a prohibited act.1716 Before you demand the last payment, finish the open items, or offer dates to finish them in writing, and keep the record. How a court treats a homeowner who won't call anything finished is a question for your lawyer. I found no statute that answers it.
Date the letter. If you end up in court, Massachusetts adds interest to a contract judgment "at the contract rate, if established, or at the rate of twelve per cent per annum from the date of the breach or demand."19 A dated demand is proof of the demand.
4. Offer a payment plan
If it's a cash problem, a written plan beats a lawsuit. Put the dates and amounts on paper, have the homeowner sign it, and credit every payment the day it lands (failing to credit a payment is another prohibited act).16 A plan doesn't stop the lien clock. Make the last payment fall before day 90, or record the notice of contract first.
5. Record the notice of contract early
You don't have to wait for day 89. Section 2 lets you record the notice of contract "at any time after execution of the written contract," whether or not the work is finished.1 It also helps your place in line: your lien reaches the owner's interest as it stands on the day you record, so a buyer or lender who records before you comes ahead of you, and one who records after you generally doesn't.120 One catch: on a project of one to four dwelling units, a lender may hold back construction-loan money once you record, which the law doesn't allow on other projects.21 If the homeowner is paying you out of a renovation loan, talk to them first. I'd record the week a payment is missed and the customer stops answering, not the week the window closes.
6. When to call a lawyer
Before you record the statement of account, because it starts the 90-day countdown to a lawsuit. Sooner if the homeowner writes to you about defects or Chapter 93A, hires a lawyer, or owes more than $7,000. A lien suit is a regular civil action in superior or district court, not small claims,10 and I wouldn't run one alone.
How to file a mechanics lien in Massachusetts on a home
Who can file: the written contract, and what if you weren't registered
Section 2 gives the lien to "a person entering into a written contract with the owner," or with someone acting for the owner.1 Chapter 254 defines a written contract as "any written contract enforceable under the laws of the commonwealth."7 A quote the customer approved and signed on screen can count as writing: under the state's electronic transactions law, "If a law requires a record to be in writing, an electronic record satisfies the law."22
No written contract? Google's AI summary says oral contracts don't qualify at all. Section 1 says otherwise for your own hands: "A person to whom a debt is due for personal labor performed" with the owner's agreement has a lien, but only "for not more than thirty days' work actually performed for the ninety days next prior to his filing a statement."23 That covers your own labor, not materials or a crew's, so get every job in writing.
I found nothing in Chapter 254 that ties the lien to your Home Improvement Contractor registration. The one court decision I read on an unregistered contractor went his way on the money: in Groleau v. Russo-Gabriele (Superior Court, 2014), the judge enforced the contract, found that the contractor "took all steps necessary to perfect the lien," and set the lien at $1,988.24 The homeowner still won her Chapter 93A counterclaim and her lawyer's fees, because dealing with an unregistered contractor cost her the state's arbitration program.24 That's one trial-court ruling, not a rule for the whole state. Who has to register, and who is exempt, is on my MA HIC license page.
Is there a notice before the job? Owner-occupied homes
Massachusetts has no pre-job lien notice for a contractor hired by the owner. The notice of contract is the first filing, and it can go on record any time after the contract is signed.1 On owner-occupied homes with one to four units, the home improvement law adds its own conditions: a written contract over $1,000, a contract notice saying whether the job puts "any lien on or security interest on the residence," and the final-payment rule above.17 My contract template has all three.
Chapter 254 itself has one rule aimed at homes, the lender exception for one-to-four-unit projects.21 The other protection is the homestead. A home the owner lives in has an automatic homestead exemption of $125,000, or $1,000,000 if the owner records a declaration, and it shields the home from "attachment, seizure, execution on judgment, levy and sale for payment of debts."25 Its list of exceptions includes "a lien on the home recorded prior to the creation of the estate of homestead" and doesn't name mechanic's liens.25 I found no Massachusetts appeals court ruling on a lien recorded after a declaration, so ask your lawyer before you count on forcing a sale.
The deadline: what counts as your last day
The 90 and 120 days run from the day you "last performed or furnished labor or materials."12 The statute doesn't say whether a warranty call or a punch-list visit counts. I wouldn't count on one to restart the clock: use the last day of real contract work.
The final inspection doesn't hold the clock either. The Reddit roofer believed "We aren't able to lien the home until the final inspection is completed" (that job was in California).5 I found nothing like that in Chapter 254. In Massachusetts the count starts on your last day of work, inspected or not.
What to file, where, and the fee
Two documents, both recorded at the registry of deeds for the county or district where the house is:12
- The notice of contract, in substantially the form Section 2 prints: the contract date, the owner, you as contractor, the work, and a description of the land.1 Copy the description from the owner's deed at the registry, with its book and page.
- The statement of account: "a just and true account of the amount due or to become due him, with all just credits, a brief description of the property, and the names of the owners set forth in the notice of contract."2
Sign each one in front of a notary. Chapter 254 makes a notice "executed before a notary public" entitled to be recorded, and the registries' indexing standards list both documents among those that "must be acknowledged to be recorded."2627 If the house is registered land (the owner has a certificate of title instead of a recorded deed), the documents are filed with the land court section of the same registry.26 The Secretary of the Commonwealth's fee schedule puts both under "All other documents": $105 each, surcharges included.28
Serving the owner: nothing in Sections 2 or 8 requires a contractor hired by the owner to serve either document on the homeowner.12 I'd mail a copy of each the day it's recorded anyway, certified and first-class. Subcontractors must give the owner actual notice (below).
Enforce it within 90 days, or lose it
"The lien shall be dissolved unless a civil action to enforce it is commenced within ninety days after the filing of the statement."3 You file in the superior court for the county or the district court for the judicial district where the land is, and record an attested copy of the complaint at the registry within 30 days of filing, "or such lien shall be dissolved."10 The District Court's civil filing fee is $195,29 and recording the copy of the complaint costs another $105.28 You can also sue on the contract without the lien,30 and under $7,000 that can be small claims.
The owner can take your lien off the title by recording a surety bond for its amount. Then you have 90 days from the later of your statement or notice of the bond to sue on the bond instead.11
Claim too much and the lien can fail
A wrong amount doesn't sink the lien "unless it is shown that the person filing the statement has wilfully and knowingly claimed more than is due him."3 The owner can also ask a court to discharge a lien summarily if a notice wasn't recorded the way Chapter 254 requires, or the lien fails any other provision of the chapter.31 And the debt collection regulation bans "any knowingly false or misleading representation ... as to the character, extent or amount of the debt."8 Work the balance out from the contract, the signed change orders and the payments, and leave disputed extras out or label them as disputed. In Groleau, $2,400 the contractor first counted for July work turned out to be contract work already covered, and the court didn't allow it.24
Subcontractors and suppliers versus the general contractor
If your contract is with the general contractor, not the owner, Section 4 is your section:9
- Record your notice of contract with an account of your contract (price, agreed and pending change orders, disputed claims, payments received), and give the owner actual notice that you recorded it. Your lien starts then.
- It can't be more than the owner still owes the general contractor under the original contract on the day you notify the owner. Notify early.
- Your 90 and 120 days run from the last day anyone worked under the general contractor's contract, not only you.92
- A sub-sub or supplier with no contract with the general contractor sends a notice of identification to the general contractor by certified mail within 30 days of starting. Without it, the lien is capped at what's due under the subcontract above it.
Lien waivers: when to sign
A clause that bars you from recording a notice of contract or enforcing a lien is "against public policy and is void and unenforceable."32 What the law does allow: a partial waiver and subordination of lien in the form Section 32 prints, with no material changes, signed under the penalties of perjury, for a payment you've received; a statement of what you've been paid; and a dissolution of your lien once you're paid, recorded under Section 10.3233 Sign for money that has cleared, never in advance. One contractor on Reddit put it this way: "Final waiver only after we get the last check and it clears."34 If you recorded a notice of contract and then got paid, record the Section 10 dissolution so the owner's title is clean.
Other ways to get paid
Massachusetts small claims limit: $7,000
Small claims takes claims of up to $7,000, filed in the district court where you or the customer lives or does business.4 The filing fee is $40 up to $500, $50 up to $2,000, $100 up to $5,000 and $150 up to $7,000.35 A business collecting a bill also puts the date and amount of the last payment on the Statement of Small Claim and files a Verification of Defendant's Address form, or it may not get a default judgment.36 Two catches. By filing in small claims you give up a jury trial and your own appeal, while a homeowner who loses can appeal within 10 days.1335 And small claims only awards money, so it can't enforce your lien. A judgment stays good for 20 years.35 Chapter 142A lets either side in a home improvement dispute choose small claims.37 A 2025 bill to raise the limit to $20,000 went to a study order in March 2026, so $7,000 stands.38
Interest and lawyer's fees
Interest: 12 percent a year on a contract judgment from the breach or demand, or your contract's rate if it sets one.19 Lawyer's fees: only if your contract says so. In Groleau the contract said legal fees on "collectables" would be paid by the homeowner, and the judge wrote: "There is nothing illegal about such an arrangement."24 I found no Massachusetts statute that gives a contractor its fees on an unpaid home improvement bill; Chapter 254 leaves costs to the court.30
Prompt payment: none for homes
Massachusetts' prompt payment law covers construction contracts of $3,000,000 or more and leaves out projects of one to four dwelling units.39 Nothing like it covers a homeowner's job.
State arbitration and the Guaranty Fund
A homeowner can take a dispute with a registered contractor to the state's arbitration program within five years of the contract date.37 You can start one only if your contract has the state's arbitration clause signed and dated separately by both of you (or the homeowner agrees in writing), and only if you were registered on the contract date.1440 If the homeowner files over the work, counterclaim for your balance within ten business days of OCABR's notice; the arbitrator can order the homeowner to pay you.14 The arbitrator's fee is $500 to $1,250, no lawyer's fees are awarded, and OCABR's own page says applications are "significantly delayed."4014 If you lose and don't pay the award, the state's Guaranty Fund can pay the homeowner up to $25,000, and you must repay the fund or face losing your registration.14
A collection agency
An agency collecting Massachusetts debts needs a license from the Commissioner of Banks.41 Check it before you hand over a file. Your contract, change orders and payment record go with it.
Card chargebacks
If the customer paid by card and disputes the charge, answer through your processor with the signed contract, change orders and photos before the deadline: Stripe says the window is "usually 7 to 21 days," and a missed one loses automatically.42
By trade
Roofers: the deductible and the claim check
"I completed the work customer paid me the entire amount the insurance paid out but said he needs time to pay the deductible," a contractor posted on November 1, 2026, about $2,500 on a $16,700 job.34 The deductible is part of your price. If the insurer hasn't paid yet, the homeowner still owes you under your contract, and the lien secures all the labor and material you furnished under it.1 I found nothing in Chapter 254 that treats an insurance job differently. Collecting the deductible before you start makes it a deposit, so Chapter 142A's cap applies: one-third of the price, or the cost of special-order materials if that's higher.17 I found no Massachusetts claim law for roofers like Iowa's or Minnesota's. What you may say about the claim, and why you shouldn't negotiate it for the owner, is on my Massachusetts roofing license page.
Electricians, plumbers and HVAC: bill by stage
Bill by stage: rough-in when the rough inspection passes, then trim or set, then the final. Each paid stage shrinks what's at risk if the customer stops paying. Your lien window runs from your last day of work, not the inspector's sign-off, so don't hold the final invoice for an inspection the owner keeps putting off. If you're a sub to a general contractor, Section 4 above is yours. Whether the home improvement law's contract rules reach your trade is in the table on my contract template page, and the HVAC licenses are on my Massachusetts HVAC license page. Either way, the lien needs a written contract.
General contractors and remodelers: the punch list holding the last payment
"The client is still unhappy and is refusing to pay the remaining $6,000 balance for the entire project because of that crack," a contractor wrote in October about a 480-square-foot patio.43 In Massachusetts you can't demand the final payment until the job is completed to both sides' satisfaction,17 so keep that payment small: the size of the punch list, not a third of the job. Write the punch list down at the walk-through, give each item a date, and send it. Progress payments that were already due under the schedule aren't the final payment, and you can chase those now.
What to do this week if a customer owes you now
- ☐ Write down your last day of real work. Count 90 and 120 days from it on the worksheet.
- ☐ Pull the signed contract, change orders, invoices, payment record and photos into one folder.
- ☐ Call once and write down what the customer says.
- ☐ If the job is still going, ask in writing for the balance in a joint escrow account, or pause the way your contract allows.
- ☐ Send the demand letter by certified and first-class mail, with the 30-day dispute paragraph.
- ☐ Once the bill is 30 days late: two calls or texts a week at most, and keep a log.
- ☐ Look up the owner of record and the deed's book and page at the registry.
- ☐ If the letter's deadline passes, get the notice of contract notarized and recorded ($105). Don't wait for day 89.
- ☐ Under $7,000: fill in the Statement of Small Claim and the Verification of Defendant's Address.
- ☐ Over $7,000, or the customer is complaining about the work: book a lawyer before you record the statement of account.
More for new contractors
- How to find work as a new contractor: where your first customers come from, with a free first customers plan.
- Angi vs Thumbtack: should you pay for leads yet, with a free lead cost calculator.
- Google Business Profile for contractors: setup, verification and your first reviews, with a free checklist.
- How much to set aside for taxes: self-employment tax, quarterly payments and your state, with a free calculator.
- Hiring your first employee: W-2 or 1099, workers comp and what a helper really costs, with a free checklist.
- Contractor insurance: what you need from day one, what it costs and what can wait, with a free checklist.
- Punch list template: stop a small list holding your final payment.
Where Deepsel fits
Deepsel is the field service software I build, and it keeps the paper trail this page keeps asking for. A quote the customer approves online records the name they typed, their on-screen signature, the time, and their IP address and browser, with your shop's terms text copied onto it. If those terms carry every item Chapter 142A requires, the approved quote can be your written contract (my contract template page lists the items). Each visit is stamped when it starts and when it's completed, with work notes and photos, so your last day of work is on record. Invoices take a due date from your settings, show as overdue once it passes, record when the customer first opened them, log every email, and can be resent with a message. The customer can pay the balance by card from the invoice link, and you record partial payments by check, cash or other means, which is how a payment plan shows up. Free covers 30 estimates and 30 invoices a month for your whole team, with scheduling and dispatch, quotes, invoicing, card payments and customer and equipment records, and Pro is $29 a month for unlimited estimates and invoices (pricing).
What it won't do: Deepsel doesn't send overdue reminders on its own, add late fees or interest, count lien deadlines, write demand letters or file anything at the registry of deeds. Use the worksheet for the dates and a lawyer for the lawsuit.
Free up to 30 estimates and 30 invoices a month, then $29 a month for your whole team. No credit card required.Frequently asked questions
What is the timeline for filing a mechanic's lien in Massachusetts?
Record a notice of contract at the registry of deeds within 90 days after your last day of work and a statement of account within 120 days, then sue to enforce the lien within 90 days after the statement and record a copy of the complaint within 30 days of filing. A recorded notice of substantial completion cuts the first two deadlines to 60 and 90 days from its recording. Miss a step and the lien dissolves (M.G.L. c. 254, sections 2, 5, 8 and 11).
How much does it cost to file a mechanics lien in Massachusetts?
$105 to record each document at the registry of deeds, so $210 for the notice of contract and the statement of account, plus a notary. Enforcing it takes a lawsuit: $195 to file in District Court and $105 to record the copy of the complaint, plus your lawyer. Small claims costs $40 to $150 to file for balances up to $7,000.
Do I have to send a demand letter before filing a lien in Massachusetts?
No. Chapter 254 has no pre-lien notice for a contractor hired by the owner. Send one anyway: once the bill is more than 30 days past due, the Attorney General's debt collection rules require the amount, your name and a 30-day dispute statement within five business days of your first collection contact, and a dated demand fixes a date for 12 percent interest on a contract judgment.
Can a contractor put a lien on a house without a written contract in Massachusetts?
Only a narrow one. The usual lien needs a written contract with the owner, and an electronic signature counts. Without one, section 1 of Chapter 254 gives a lien for your own personal labor only: up to 30 days' work performed in the 90 days before you record the statement. It doesn't cover materials or a crew.
Can an unregistered contractor file a mechanic's lien in Massachusetts?
Chapter 254 doesn't make HIC registration a condition, and in Groleau v. Russo-Gabriele (Superior Court, 2014) an unregistered contractor's contract was enforced and his lien perfected. The homeowner still won her Chapter 93A counterclaim and her lawyer's fees, because she lost the state arbitration program. It's one trial-court decision, so ask a lawyer before you rely on it.
What is the small claims limit in Massachusetts?
$7,000, except motor vehicle property damage. Filing costs $40 up to $500, $50 up to $2,000, $100 up to $5,000 and $150 up to $7,000. A business adds the date and amount of the last payment and files a Verification of Defendant's Address. The person who files gives up a jury and an appeal; the defendant can appeal within 10 days.
How can a homeowner fight a mechanic's lien in Massachusetts?
Four ways. The owner can ask the court to discharge it summarily if a notice wasn't recorded properly or the lien is invalid (section 15A), record a surety bond that moves your claim onto the bond (section 14), show you willfully and knowingly claimed more than you were owed (section 11), or wait for you to miss a deadline, after which the lien dissolves.
Sources
- Massachusetts General Laws chapter 254, section 2, "Written contract; notice; time for filing; form" - a lien for "a person entering into a written contract with the owner"; the notice of contract form; it may be recorded "at any time after execution of the written contract"; deadline "not later than the earliest of: (i) sixty days after filing or recording of the notice of substantial completion under section two A; or (ii) ninety days after filing or recording of the notice of termination under section two B; or (iii) ninety days after such person ... last performed or furnished labor or materials"; the lien reaches the owner's interest "as appears of record on the date when notice of said contract is filed or recorded." malegislature.gov, read November 4, 2026.
- M.G.L. c. 254, section 8 - statement of account by the earliest of 90 days after a notice of substantial completion, 120 days after a notice of termination, or "one hundred and twenty days after the last day a person, entitled to enforce a lien under section two or anyone claiming by, through or under him, performed or furnished labor or material"; it gives "a just and true account of the amount due or to become due him, with all just credits, a brief description of the property, and the names of the owners set forth in the notice of contract"; a section 1 lien needs a like statement "within the ninety days provided in said section." malegislature.gov, read November 4, 2026.
- M.G.L. c. 254, section 11 - "The lien shall be dissolved unless a civil action to enforce it is commenced within ninety days after the filing of the statement required by section eight"; an inaccuracy in the amount doesn't affect the lien "unless it is shown that the person filing the statement has wilfully and knowingly claimed more than is due him." malegislature.gov, read November 4, 2026.
- M.G.L. c. 218, section 21 - small claims procedure for contract and tort claims where the plaintiff claims no more than $7,000 (no limit for motor vehicle property damage), brought "in the judicial district where either the plaintiff or the defendant lives or has his usual place of business or employment." malegislature.gov, read November 4, 2026.
- Reddit, r/Roofing, "Customer refuses to pay. What should we do?" (March 24, 2025) - the original post ("We have a customer who completely refuses to pay"), the top reply ("Slap a lien on the house.", 177 points) and the poster's replies: "We've tried to call him from different numbers, and he just hangs up", "It's in Daly City, California" and "We aren't able to lien the home until the final inspection is completed by San Mateo County buildinginspection." reddit.com, read November 4, 2026.
- Massachusetts Rules of Civil Procedure, Rule 6(a) - in computing a period set "by any applicable statute", "the day of the act, event, or default after which the designated period of time begins to run shall not be included", and a period ending on a Saturday, Sunday or legal holiday runs to the next day that isn't one. mass.gov, read November 4, 2026.
- M.G.L. c. 254, sections 2A and 2B - "''Written contract'', any written contract enforceable under the laws of the commonwealth"; the notice of substantial completion the owner and contractor record once the work "can be occupied or utilized for its intended use"; the notice of termination the owner records if the contract is terminated first. Section 2A, Section 2B, malegislature.gov, read November 4, 2026.
- 940 CMR 7.00, Attorney General's debt collection regulations - 7.03 "Creditor" means any person "engaged in collecting a debt owed or alleged to be owed to him"; "Debt" means money "more than 30 days past due and owing, unless a different period is agreed to by the debtor" for personal, family or household purposes; 7.04(1)(b) no threats of action "that cannot legally be taken or that is not intended to be taken"; 7.04(1)(f) no more than two telephone calls, texts or recorded messages "in each seven-day period" to the debtor's home or personal phone; 7.04(1)(g) calls only between 8:00 a.m. and 9:00 p.m. if waking hours aren't known; 7.04(1)(j) household visits no more than "one in any 30-day period"; 7.07(2) "Any knowingly false or misleading representation ... as to the character, extent or amount of the debt"; 7.07(6) representing that fees may be added "if in fact such fees or charges may not legally be added"; 7.08 the amount, the creditor's name and the 30-day dispute and verification statements within five business days after the initial communication, and if the debt is disputed in writing the creditor "shall cease collection" of the disputed part until it mails the signed documents and a ledger. mass.gov (checked against the current text of 7.03 and 7.04 at law.cornell.edu), read November 4, 2026.
- M.G.L. c. 254, section 4 - a subcontractor's or supplier's notice of contract with the contract price, change orders, pending changes, disputed claims and payments received; the lien arises "Upon filing or recording a notice ... and giving actual notice to the owner" and "shall not exceed the amount due or to become due under the original contract as of the date notice of the filing of the subcontract is given by the subcontractor to the owner"; deadline counted from "the last day a person entitled to enforce a lien under section two or anyone claiming by, through or under him performed or furnished labor or materials"; a claimant with no contract with the original contractor must give a notice of identification "within thirty days of commencement of his performance" by certified mail, or the lien is limited. malegislature.gov, read November 4, 2026.
- M.G.L. c. 254, section 5 - enforcement "by a civil action brought in the superior court for the county where such land lies or in the district court in the judicial district where such land lies"; an attested copy of the complaint with a property description and the amount due must be recorded "within thirty days of the commencement of the action, or such lien shall be dissolved." malegislature.gov, read November 4, 2026.
- M.G.L. c. 254, section 14 - any person in interest may dissolve a lien by recording a surety bond for its amount; the claimant may enforce the bond "by a civil action commenced within ninety days after the later of the filing of the statement required by section 8 or receipt of notice of recording of the bond." malegislature.gov, read November 4, 2026.
- M.G.L. c. 260, section 2 - contract actions "shall ... be commenced only within six years next after the cause of action accrues." malegislature.gov, read November 4, 2026.
- M.G.L. c. 218, section 23 - "A plaintiff beginning a cause under the procedure shall be deemed to have waived a trial by jury and any right of appeal to a jury of six"; the defendant may claim a trial within ten days after the magistrate's finding. malegislature.gov, read November 4, 2026.
- 201 CMR 14.00, Home Improvement Contractor Arbitration and Guaranty Fund (Mass. Register 6/6/2025) - 14.03(5) a contractor may request arbitration only if the written agreement has an arbitration clause "separately signed and dated by the parties", or with the homeowner's written permission; 14.02 "Registrant" means registered "on the date of the contract"; 14.05(4) counterclaims "within ten business days after notice from OCABR of acceptance of the case"; 14.15(3) "If the contractor registrant prevails on a properly filed counterclaim, the arbitrator may require the homeowner to pay the contractor"; 14.15(4) "No monetary award shall include attorney's fees"; 14.02 and 14.21 fund payments of no more than $25,000; 14.20 reimbursement and revocation of registration for non-reimbursement. mass.gov, read November 4, 2026.
- M.G.L. c. 4, section 9 - when the last day for an act required by statute or contract "falls on Sunday or a legal holiday", it may be done "on the next succeeding business day." malegislature.gov, read November 4, 2026.
- M.G.L. c. 142A, section 17, prohibited acts - including "(2) abandoning or failing to perform, without justification, any contract", "(3) failing to credit to the owner any payment they have made" and "(16) demanding or receiving payment in violation of clause (6) of paragraph (a) of section two"; "Violations of any of the provisions of this chapter shall constitute an unfair or deceptive act under the provisions of chapter ninety-three A." malegislature.gov, read November 4, 2026.
- M.G.L. c. 142A, section 2 - written contract required over $1,000; (6) "No final payment shall be demanded until the contract is completed to the satisfaction of the parties thereto" and the deposit cap; (8) a notice "of any lien on or security interest on the residence as a consequence of the contract"; no acceleration clause, but "where the contractor deems himself to be insecure he may require as a prerequisite to continuing said work that the balance of funds due under the contract, which are in the possession of the owner, shall be placed in a joint escrow account requiring the signature of the contractor and owner for withdrawal." malegislature.gov, read November 4, 2026.
- M.G.L. c. 93, section 49 - a creditor collecting a household debt may not communicate it to anyone other than the person liable ("the use of language on envelopes indicating that the communication relates to the collection of a debt shall be deemed a communication of such debt"), may not contact the debtor directly after notice from the debtor's attorney, or harass "by threats of any action which the creditor in the usual course of business does not in fact take"; violations are c. 93A violations. malegislature.gov, read November 4, 2026.
- M.G.L. c. 231, section 6C - in contract actions interest is added "at the contract rate, if established, or at the rate of twelve per cent per annum from the date of the breach or demand." malegislature.gov, read November 4, 2026.
- M.G.L. c. 254, section 7 - a section 2 lien doesn't prevail over a mortgage to the extent of amounts advanced "prior to the filing or recording of the notice of contract", or against a purchaser whose deed was recorded before the notice. malegislature.gov, read November 4, 2026.
- M.G.L. c. 254, section 33 - "Except with respect to any construction project containing or designed to contain at least one but not more than four dwelling units," recording a notice of contract "shall not itself be grounds for a mortgagee to withhold sums" for the work. malegislature.gov, read November 4, 2026.
- M.G.L. c. 110G, section 7 (Uniform Electronic Transactions Act) - "If a law requires a record to be in writing, an electronic record satisfies the law" and "If a law requires a signature, an electronic signature satisfies the law." malegislature.gov, read November 4, 2026.
- M.G.L. c. 254, section 1 - "A person to whom a debt is due for personal labor performed" with the owner's agreement or consent has a lien "for not more than thirty days' work actually performed for the ninety days next prior to his filing a statement as provided in section eight." malegislature.gov, read November 4, 2026.
- Groleau v. Russo-Gabriele, Civil No. 2012-1818 (Mass. Super. Ct. Nov. 26, 2014) - the contractor "was not registered as a Home Improvement Contractor"; "it does not follow that the contract is automatically unenforceable"; he "took all steps necessary to perfect the lien" and the lien was set at $1,988 plus fees and costs; $2,400 he first claimed for July work "was for work under the Contract. It is therefore not compensable"; the homeowner won her c. 93A counterclaim and her fees because she lost state arbitration; on the contract's fee clause, "There is nothing illegal about such an arrangement." courtlistener.com, read November 4, 2026.
- M.G.L. c. 188, sections 1 and 3 - the automatic homestead exemption of $125,000 and the declared homestead exemption of $1,000,000; a homestead is exempt from "attachment, seizure, execution on judgment, levy and sale for payment of debts" except, among others, "for a lien on the home recorded prior to the creation of the estate of homestead." Section 1, Section 3, malegislature.gov, read November 4, 2026. Middlesex North Registry of Deeds, FAQs: "Anyone owning real estate that services as the owner's principal residence has an automatic homestead exemption of $125,000." massrods.com, read November 4, 2026.
- M.G.L. c. 254, section 30 - a notice "executed before a notary public, justice of the peace or other officer entitled by law to take acknowledgements" is "entitled to be recorded or filed", with the certificate of acknowledgement attached; instruments affecting registered land "shall be filed and registered" under c. 185, section 78. malegislature.gov, read November 4, 2026.
- Massachusetts Registers and Assistant Registers of Deeds Association, "Massachusetts Deed Indexing Standards" (January 1, 2025), standard 1-1: document types that "must be acknowledged to be recorded" include "Mechanic's lien notice of contract" and "Mechanic's lien statement of account" (MGL c. 254, s. 30); standard 26-19: "A mechanic's lien is created by recording a notice of contract and then a statement of account. The claimant must also commence a lawsuit within a set period of time." sec.state.ma.us, read November 4, 2026.
- Secretary of the Commonwealth, "Registry of Deeds Fee Schedule" - "All other documents $105", prices include all surcharges. sec.state.ma.us, read November 4, 2026.
- Massachusetts Court System, "Boston Municipal Court and District Court filing fees" - civil complaint "$180 plus $15 surcharge = $195"; small claims $40, $50, $100 and $150 by amount. mass.gov, read November 4, 2026.
- M.G.L. c. 254, section 26 - "This chapter shall not prevent a person entitled to a lien under it from maintaining a civil action as if he had no lien"; section 22: "Costs shall be in the discretion of the court." Section 26, Section 22, malegislature.gov, read November 4, 2026.
- M.G.L. c. 254, section 15A - an owner or other person in interest may apply to the superior or district court to summarily discharge a lien that was not recorded "in accordance with the applicable provisions of this chapter" or where "for any other reason a claimed lien is invalid by reason of failure to comply with any provision of this chapter." malegislature.gov, read November 4, 2026.
- M.G.L. c. 254, section 32 - an agreement "purporting to bar the filing of a notice of contract or the taking of any steps to enforce a lien" is "against public policy and is void and unenforceable", except lien-bond waivers, "statements ... of amounts due or paid", dissolutions under section 10, and partial waivers and subordinations "substantially in the following form with no material deviation" (the statutory form, "Signed under the penalties of perjury"). malegislature.gov, read November 4, 2026.
- M.G.L. c. 254, section 10 - a lien "may ... be dissolved by a notice signed by him, stating that his lien is dissolved, filed in the registry of deeds where the notice of the contract is filed." malegislature.gov, read November 4, 2026.
- Reddit, r/Contractor, "Customer didn't pay deductible? Needs time" (November 1, 2026) - "total job $16,700 I completed the work customer paid me the entire amount the insurance paid out but said he needs time to pay the deductible"; reply: "Final waiver only after we get the last check and it clears." reddit.com, read November 4, 2026.
- Office of Consumer Affairs and Business Regulation, "Small Claims Court" - disputes of $7,000 or less; filing fees "$500 and under= $40", "$501 to $2,000 = $50", "$2,001 to $5,000 = $100", "$5,001 to $7,000= $150"; "You waive your rights to a jury trial in this court"; only money can be awarded; "The Defendant has the right to appeal the decision within 10 days" with $100 cash, check or bond; a judgment "will remain valid for 20 years." mass.gov, read November 4, 2026.
- Massachusetts Court System, "Special requirements for filing a small claim for money owed to your trade or business" - the Statement of Small Claim must include "The amount and date of the last payment, if any", with a separate Verification of Defendant's Address form; otherwise "you may not be able to get a default judgment." mass.gov, read November 4, 2026.
- M.G.L. c. 142A, sections 3 and 4 - any party may sue in superior, district or small claims court; the owner may choose state-approved arbitration; "No claim may be filed for arbitration after 5 years from the date of the contract"; "Either party may elect to pursue an action in small claims court if the amount of the dispute is within small claims jurisdiction"; a contractor "may file a counterclaim" in an owner's arbitration. Section 3, Section 4, malegislature.gov, read November 4, 2026.
- Massachusetts Legislature, bill histories: H.1860 (raise the small claims limit from $7,000 to $20,000) and H.1870 (add a five-year statement-of-account option for one-to-four-unit homes to c. 254, section 8), both "Accompanied a study order, see H5281" on March 26, 2026. H.1860, H.1870, read November 4, 2026.
- M.G.L. c. 149, section 29E (prompt payment) - covers a "Contract for construction" on a project where the original contract price is "$3,000,000 or more; provided, however, this shall not include projects containing or designed to contain at least 1 but not more than 4 dwelling units." malegislature.gov, read November 4, 2026.
- Office of Consumer Affairs and Business Regulation, "Request Arbitration to Resolve a Conflict" - "Processing and timelines for new and pending arbitration applications are significantly delayed"; contractors may request arbitration only with a separately signed and dated clause and if registered on the contract date; arbitrator fee "$500-$1,250 based on the amount of monetary damages you claim." mass.gov, read November 4, 2026.
- M.G.L. c. 93, section 24A - no person may engage in the business of a debt collector in Massachusetts "without first obtaining from the commissioner a license." malegislature.gov, read November 4, 2026.
- Stripe, "Respond to disputes" - "you have a limited window to respond (usually 7 to 21 days, depending on the card network)"; "If you don't respond before the deadline, you automatically lose the dispute." docs.stripe.com, read November 4, 2026.
- Reddit, r/Contractor, "Client withholding $6,000 over a small crack in a concrete patio. Suggestions?" (October 8, 2026) - "the client is still unhappy and is refusing to pay the remaining $6,000 balance for the entire project because of that crack." reddit.com, read November 4, 2026.