Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1665 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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