Section 2C: Design professional's lien upon real property; form and filing of notice

329 words·~1 min read·/ma/part-iii/title-iv/chapter-254/2c

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 2C. A design professional entering into a written contract with the owner of any interest in real property or with any person acting for, on behalf of, or with the consent of such owner, for the provision of professional services relating to the proposed or actual erection, alteration, repair or removal of a building, structure, or other improvement to real property, shall have a lien upon such real property, land, building, structure or improvement owned by the party with whom, on behalf of whom or with the consent of whom the contract was entered into, as appears of record on the date when notice of said contract is filed or recorded in the registry of deeds for the county or district where such land lies, to secure the payment of all amounts due or to become due to the design professional under such contract.

Said notice shall be in substantially the following form:

Notice is hereby given that by virtue of a written contract dated , between , owner, and , design professional, said design professional is to furnish or has furnished professional services relating to the proposed or actual erection, alteration, repair or removal of a building, structure or other improvement on a lot of land or other interest in real property described as follows:

(INSERT DESCRIPTION)

Such design professional may file or record the notice of contract at any time after the execution of the written contract whether or not the professional services under such written contract have been commenced or completed, and whether or not the erection, alteration, repair or removal of the building, structure or other improvement to which such professional services relate has been, or is ever, commenced or completed, but not later than the earlier of:

(i)60 days after filing or recording of the notice of substantial completion under section 2A; or

(ii)90 days after such design professional or any person by, through or under him, last performed professional services.