In Massachusetts, a Notice of Substantial Completion must be filed or recorded with the registry of deeds upon or after the contract has reached substantial completion. M.G.L. Ch. 254, 2(a). "Substantial completion" occurs when the work under the written contract is sufficiently complete so that it can be occupied or utilized for its intended use. Id.

The Notice of Substantial Completion contains the date of the written contact, names of the owner and contractor, and a legal property description sufficient for identification. Id.

The owner also signs the Notice and states that he has served a copy of the Notice upon every person who has filed or recorded a Notice of Contract. Id

A copy of the Notice, indicating the date of filing or recording, must also be mailed by the owner, via certified mail with return receipt requested, to every person who has filed a Notice of Contract. Id. Additionally, the contractor must serve a copy to every person who has entered into a written contract directly with the contractor as well as to every person who has given a written Notice of Identification to the contractor. Id.

The failure of the owner or contractor to give notice of the filing or recording of the Notice of Substantial Completion to the persons entitled shall not prejudice the rights of any third parties who rely upon it in good faith and without actual knowledge of such failure of notice. Id.

This article is provided for informational purposes only and should not be relied upon as a substitute for the advice from an attorney. If you have questions about the Notice of Substantial Completion in Massachusetts, or any other issues related to Massachusetts lien laws, please consult with an attorney.

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