Section 2A: Written contract; substantial completion; definitions; notice; filing; form; certified mail
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:
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.