Who the deadlines apply to
Under Mass. Gen. Laws ch. 254, the section 2 notice of contract rule names the direct contractor, a person with a written contract with the owner or with a person acting for, on behalf of, or with the consent of the owner [1]. The section 4 rule names subcontractors, sub-subcontractors and suppliers [2], and the section 8 statement rule names all four roles [4]. Laborers appear at the filing stage only in rules with a condition. The suit rules name all five roles, and no rule is limited by project type.
The preliminary notice stage reads None required [2]. Section 4 describes an optional notice of identification to the original contractor. For a claimant with no direct contractual relationship with the original contractor that gives none within thirty days [2] of commencing performance, section 4 limits the amount of the lien, except for liens for labor by persons defined in section 1.
How the periods run
Notice of contract. For the direct contractor, the section 2 rule reads the earlier of 60 days after a notice of substantial completion is filed or recorded and 90 days after such person or any person by, through or under him last performed or furnished labor or materials or both labor and materials [1]. Section 2 also counts "ninety days after filing or recording of the notice of termination under section two B", and the deadline is the earliest of the three [1]. The section 4 rule runs from the same three events [2]. Under section 4, the subcontractor has its lien upon filing or recording the notice and giving "actual notice to the owner" of that filing [2]. No period is stated for that notice.
Statement of the amount due. The section 8 statement counts from the same three events. If the statement is not filed or recorded within that time, the lien under section 2 or 4 is dissolved [4].
Laborers. For a lien under section 1 for personal labor performed by virtue of an agreement with, or by consent of, the owner or a person having authority from or rightfully acting for the owner, the rule reads: A statement filed or recorded within the ninety days provided in section 1, for not more than thirty days of work actually performed in the ninety days before it is filed [3] [4]. It counts back from the statement's own filing, so no date is counted. Missing it dissolves the section 1 lien [4].
For a person who furnishes labor under a written contract with a contractor, or with a subcontractor of such contractor, three further rules apply: one for a person who files a notice of contract under section 4, matching the subcontractor rule [2], one for the actual notice to the owner of that filing, with no period stated [2], and one for a person who has a lien under section 4, matching the section 8 statement rule [4].
Suit. The deadline to sue is 90 days after the statement required by section eight is filed [5]; without a civil action commenced within that time, the lien is dissolved. Once a civil action to enforce the lien is commenced, section 5 adds: An attested copy of the complaint filed in the registry of deeds within thirty days of the commencement of the action [6], or the lien is dissolved.
Notices of substantial completion and termination
Section 2A treats substantial completion as work under the written contract sufficiently complete to be occupied or used for its intended use. Upon or after that point, the owner and contractor file or record a notice of substantial completion in the registry of deeds. Section 2A also directs certified mail copies from the owner and from the contractor [7].
If the contract is terminated before that notice is filed or recorded and its copies delivered, the owner files or records a notice of termination [8]. Sections 2, 4 and 8 also count their periods from that notice [1] [2] [4].
Counting the days
Under Mass. Gen. Laws ch. 4, § 9, when the day or the last day for an act falls on a Sunday or a legal holiday, the act may be performed on the next succeeding business day [9]. Section 9 does not name Saturdays. Clause Eighteenth of ch. 4, § 7 lists legal holidays [10].