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ARTICLE · 13 JUNE 2019

Claimants Need Not Record Complaints To Enforce Lien Dissolution Bonds Under

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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In a recent decision, the Supreme Judicial Court of Massachusetts (SJC) has held that a contractor seeking to enforce a lien dissolution bond under G.L. c. 254 § 14 need not record an attested to copy of its complaint with the Registry of Deeds.

United StatesReal Estate and Construction

In a recent decision, the Supreme Judicial Court of Massachusetts (SJC) has held that a contractor seeking to enforce a lien dissolution bond under G.L. c. 254 § 14 need not record an attested to copy of its complaint with the Registry of Deeds. In City Electric Supply Co. v. Arch Insurance Co., the SJC vacated a decision of Norfolk Superior Court—refusing to apply the recording requirement of G.L. c. 254 § 5 to G.L. c. 254 § 14.

The plaintiff in City Electric supplied electrical materials for a project in Brookline to a subcontractor, and thereafter perfected a mechanic's lien on the property by recording a notice of contract with the Registry of Deeds. The general contractor subsequently recorded a lien dissolution bond (also referred to as a target lien bond), which dissolves liens already attached to property.

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