Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1665 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2686 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1665
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Christopher M. Markey
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to notice of contract, dissolution of lien.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Christopher M. Markey9th Bristol1/19/2023 1 of 2
16	16	HOUSE DOCKET, NO. 2686 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1665
18	18	By Representative Markey of Dartmouth, a petition (accompanied by bill, House, No. 1665) of
19	19	Christopher M. Markey relative to notes of contracts and dissolutions of liens. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1777 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to notice of contract, dissolution of lien.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 254 of the General Laws, as appearing in the 2020 Official Edition,
31	31	2is hereby amended by striking out section 8 and inserting in place thereof the following section:-
32	32	3 Section 8. Liens under sections two and four shall be dissolved unless the contractor,
33	33	4subcontractor, or some person claiming by, through or under them, not later than the earliest of:
34	34	5(i) ninety days after the filing or recording of the notice of substantial completion under section
35	35	6two A; (ii) one hundred and twenty days after the filing or recording of the notice of termination
36	36	7under section two B; (iii) one hundred and twenty days after the last day a person, entitled to
37	37	8enforce a lien under section two or anyone claiming by, through or under him, performed or
38	38	9furnished labor or material or both labor and materials or furnished rental equipment, appliances
39	39	10or tools; or (iv), with respect to any building, structure or other improvement to real property 2 of 2
40	40	11consisting only of at least one but not more than four dwelling units, five years after the filing or
41	41	12recording of the Notice of Contract, provided that the homeowner has filed an affidavit with the
42	42	13registry of deeds in the county or district where the land lies stating that the homeowner is
43	43	14unaware of any outstanding debt to any contractor or subcontractor, shall file or record in the
44	44	15registry of deeds in the county or district where the land lies a statement, giving a just and true
45	45	16account of the amount due or to become due him, with all just credits, a brief description of the
46	46	17property, and the names of the owners set forth in the notice of contract. A lien under section one
47	47	18shall be dissolved unless a like statement, giving the names of the owner of record at the time the
48	48	19work was performed or at the time of filing the statement, is filed or recorded in the appropriate
49	49	20registry of deeds within the ninety days provided in said section. Nothing in this section shall
50	50	21prohibit the filing or recording of a statement under this section prior to the filing or recording of
51	51	22the notices under section two A or two B.