Mass. Gen. Laws » Part III Title IV Chapter 254
Massachusetts General Laws

Mass. Gen. Laws ch. 254, § 2A (2026)

Written contract; substantial completion; definitions; notice; filing; form; certified mail

✓ current as of July 2026
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Section 2A. As used in this chapter the following words shall, unless the context clearly requires otherwise, have the following meaning:—

''Design professional'', an architect, landscape architect, professional engineer, licensed site professional or land surveyor who is licensed or registered as such in the commonwealth, and any corporation, partnership, limited liability company, or other legal entity that is authorized under the laws of the commonwealth to practice or hold itself out as practicing any of the foregoing professions.

''Professional services'', services that are customarily and legally performed by or under the supervision or responsible control of design professionals in the course of their professional practice, including without limitation, programming, planning, surveying, site investigation, analysis, assessment, design, preparation of drawings and specifications and construction administration services.

''Substantial completion'', that work under the written contract is sufficiently complete so that it can be occupied or utilized for its intended use.

''Written contract'', any written contract enforceable under the laws of the commonwealth.

Upon or after substantial completion of any contract subject to the provisions of section two, the owner and contractor shall execute and file or record in the appropriate registry of deeds a notice of substantial completion in substantially the following form:

Notice of Substantial Completion

Notice is hereby given that the work performed by virtue of a written contract dated ___ between ___ as owner, and ___ ___ as contractor, for the erection, alteration, repair or removal of a building, structure, or other improvement of real property described below, has been substantially completed as of the date of filing or recording of this notice. The lot of land or other interest in real property which is the subject of such contract is described as follows:

(Insert description)

The undersigned owner hereby states that he has served written notice of the recording or filing of this notice of substantial completion upon every person who has filed or recorded prior to the date this notice is filed or recorded notice of contract under section four of chapter two hundred and fifty-four of the General Laws.

The undersigned contractor hereby states that he has served written notice of the recording or filing of this notice of substantial completion upon every person who has entered into a written contract directly with the contractor or who has given written notice of identification to the contractor prior to the date this notice is filed or recorded as provided in said section four of said chapter two hundred and fifty-four of the General Laws.

A copy of such notice, indicating the date of filing or recording, shall be mailed by certified mail return receipt requested by the owner to every person who has filed a notice of contract under section four and by the contractor 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 claiming by, through, or under him as provided in section four.

The failure of the owner or contractor to give notice of the filing or recording of the notice of substantial completion to those persons so entitled shall not prejudice the rights of third parties who rely upon said notice of substantial completion in good faith and without actual knowledge of such failure of notice.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1999–2021 · leading case: Ng Bros. Constr., Inc. v. Cranney, 766 N.E.2d 864 (Mass. 2002).
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Ng Bros. Constr., Inc. v. Cranney, 766 N.E.2d 864 (Mass. 2002). · cites it 3× “The Superior Court judge concluded that the plaintiff had not perfected its hen rights because it did not file a notice of substantial completion, a document he concluded was a condition precedent to perfection under G. L. c. 254, § 2A, of the mechanic’s hen statute.”
Tremont Tower Condo., LLC v. George B.H. Macomber Co., 767 N.E.2d 20 (Mass. 2002). “If the parties to the contract have filed a notice of substantial completion (signifying the parties’ agreement that the “work under the written contract is sufficiently complete so that it can be occupied or utilized for its intended use,” G. L. c. 254, § 2A), the contractor…”
KETTLE BROOK LOFTS, LLC, & others v. STACY S. SPECHT & others (& a companion case )., 177 N.E.3d 176 (Mass. App. Ct. 2021). “Similarly, the "retainage" statute, governing the withholding of payments to ensure performance of construction contracts, defines "substantial completion" as when work is sufficient "so that the project owner may occupy or utilize the work for its intended use.”
Scituate Ray Precast Concrete Corp. v. Intoccia Constr. Co., 15 Mass. L. Rptr. 640 (Mass. Super. Ct. 2002). · cites it 2× “254, §4 because the delivery tickets and the invoices do not constitute a “written contract” as defined in G.L.c. 254, §2A and as required to form the Notice of Contract under G.”
In Re Arcadia Enter., Inc., 440 B.R. 1 (Bankr. D. Mass. 2010). · cites it 2× “” Finally, the Debtor urges reliance on Mass. Gen. Laws ch. 254, § 2A, which deals with liens for work performed for the building, improvement or alteration of real property.”
J.T. Haffey Builders, Inc. v. Carey, 27 Mass. L. Rptr. 48 (Mass. Super. Ct. 2010). “254, §2, requires there have been a “written contract,” G.L.c. 254, §2A defines “written contract” for mechanic’s lien purposes as “any written contract enforceable under the laws of the Commonwealth.”
Petrucelli Constr. Co. v. Barrios, 2011 Mass. App. Div. 47 (Mass. Dist. Ct., App. Div. 2011). “” G.L.c. 254, §2A. A written contract “must be signed by the party to be charged.”
Fallon Dev., Inc. v. Taylor, 13 Mass. L. Rptr. 677 (Mass. Super. Ct. 2001). · cites it 3× “The Taylors assert, however, that the notices were not timely filed because G.L.c. 254, §2A requires a filing of a notice of substantial completion, and that the timely filing of a notice of substantial completion is a condition precedent to filing the notices under §§2 and 8.”
Harris v. Moynihan Lumber of Beverly, Inc., 1999 Mass. App. Div. 113 (Mass. Dist. Ct., App. Div. 1999). “” G.L.c. 254, §2A added by St. 1996, c. 364, §3.”
Clean Props., Inc. v. Riselli, 32 Mass. L. Rptr. 234 (Mass. Super. Ct. 2014). · cites it 2× “” See G.L.c. 254, §2A, as inserted by St. 1996, c.”
NG Bros. Constr. v. Cranney, 12 Mass. L. Rptr. 556 (Mass. Super. Ct. 2000). · cites it 3× “The parties agree that NG Brothers never filed a “notice of substantial completion,” G.L.c. 254, §2A; nor have the Cranneys filed a “notice of termination,” G.”
Gen. Mech. Contractors, Inc. v. C.E. Floyd Co., 27 Mass. L. Rptr. 290 (Mass. Super. Ct. 2010). “If the parties to the contract have filed a notice of substantial completion (signifying the parties’ agreement that the “work under the written contract is sufficiently complete so that it can be occupied or utilized for its intended use,” G.L.c. 254, §2A), the contractor must…”
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