Massachusetts law provides for a form notice with which an owner or contractor may record that the project is substantially complete. The property owner must provide a copy of the notice by certified mail to every person who has filed a notice of contract and the contractor must provide a copy to every person who has entered into a written contract directly with the contractor and every person who has given written notice of identification to the contractor. In order to perfect a lien, a lien claimant must file a notice of contract within ninety (90) days of the recording of the notice of substantial completion.
Massachusetts Notice of Substantial Completion by Corporation or LLC
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State:
Massachusetts
Control #:
MA-02A-09
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Word;
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FAQ
Substantial completion is the stage when a construction project is deemed sufficiently completed to the point where the owner can use it for its intended purpose.This determination is normally performed by the engineer, architect, construction manager, the owner or the owner's designated representative.
The date of substantial completion of the work is the date certified by the Owner when construction is sufficiently complete, in accordance with the contract documents, so the Owner can occupy or utilize the work for which it is intended, as expressed by the contract documents.
The determination of the date of substantial completion is a right retained by the Owner and is typically performed by the Architect, Engineer, Construction Manager, or other designated representative of the Owner.
After substantial completion, the owner again becomes responsible for the property, i.e., security, utilities, etc. A contractor can still breach the contract, but any breach subsequent to substantial completion will only be a minor breach.
Under the Ontario Construction Lien Act1 (the Act), a contract is considered substantially performed when the improvement, or a substantial part thereof, is ready for use, or is being used for the intended purposes, and when the improvement is capable of completion or, where there is a known defect, correction can