Massachusetts Lien Waiver Guide
Massachusetts requires statutory lien waiver forms. Non-compliant waivers may be void and unenforceable.
Key Information
Waiver Type
Statutory
Filing Deadline
90 days from last performing labor or furnishing materials
Notice Requirements
Subcontractors must file a Notice of Identification within 60 days of starting work or 30 days of entering contract.
Key Statutes
Mass. Gen. Laws ch. 254, §1 et seq.; §32 (waiver forms)
Waiver Types in Massachusetts
Conditional Waiver on Progress Payment
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress Payment
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final Payment
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final PaymentRequired
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
Massachusetts Lien Waiver Rules
Massachusetts provides a statutory form of full lien waiver. While the state does not mandate all four waiver types, the statutory form for final waivers is commonly used. Partial releases for progress payments use custom forms. The Notice of Identification is critical for subcontractors to preserve lien rights.
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