A recent decision from the U.S. District Court for the District of Massachusetts underscores the unforgiving nature of Massachusetts’ mechanic’s lien statute. In Norco Construction, Inc. v. Regency Park Condominium Trust, the Court dismissed a contractor’s lien enforcement claim because the contractor recorded a copy—rather than an attested copy—of its complaint at the registry of deeds. The Court held that this omission required dissolution of the lien under Mass. Gen. Laws ch. 254, § 5. The takeaway: even minor deviations from statutory requirements can void an otherwise valid lien.
What Happened?
Norco performed renovation work on a Brookline condominium and claimed over $413,000 in unpaid costs. It timely recorded its notice of contract and statement of account, but when it filed suit to enforce the lien, it recorded only a plain copy of the complaint—not one certified by the court clerk. The Court ruled that this failure to record an attested copy meant the lien “shall be dissolved,” regardless of whether the owner had actual notice.
Practical Guidance For Contractors
To avoid costly mistakes and preserve lien rights, contractors should follow these four best practices:
Obtain An Attested Copy
When recording a complaint to enforce a mechanic’s lien, make sure you obtain an attested copy from the court clerk—not just a file-stamped version. An attested copy includes the clerk’s signed certification (and seal, if required) verifying that the document is a true and accurate copy of the original. Without this certification, the recording does not meet statutory requirements, and the lien will be dissolved.
Track Deadlines Rigorously
Massachusetts law requires that the attested complaint be recorded at the registry of deeds within 30 days of commencing the enforcement action. Missing this deadline—even by a single day—can invalidate the lien. Contractors should maintain a clear calendar system or automated reminders to ensure compliance with this critical timeframe.
Build Internal Controls
Develop internal procedures to confirm that every lien-related document—notice of contract, statement of account, and enforcement complaint—meets all statutory requirements before filing or recording. This includes verifying certifications, seals, service requirements, and timing. Consider designating a compliance lead or using a checklist for lien filings to reduce the risk of costly errors.
Assume Zero Tolerance
Courts apply strict compliance to mechanic’s lien statutes. They will not excuse technical mistakes, even if the property owner had actual notice of the dispute or the recorded document contained all relevant information. Treat every step as mandatory and precise—because in Massachusetts, even minor deviations can erase lien rights entirely.
How Kenney & Sams Can Help
We regularly assist contractors, subcontractors, and suppliers in preserving, perfecting, and enforcing mechanic’s liens. Our team prepares and records lien documents, obtains attested complaints, and litigates enforcement actions in state and federal court. We also help clients develop compliance systems to avoid costly mistakes.
If you have questions about lien requirements or want to review your practices, please contact us.
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This alert is for informational purposes only and may be considered advertising. It does not constitute the rendering of legal, tax or professional advice or services. You should seek specific detailed legal advice prior to taking any definitive actions.