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Fencing Contract for Contractor - Massachusetts 2026

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This document is a Fencing Contract between a Contractor and an Owner, outlining the terms for the construction, alteration, or repair of fencing on the Owner's property. It details the scope of work, project timeline, payment structure, responsibilities regarding permits and soil conditions, insurance requirements, and procedures for changes to the project. The contract also includes provisions for late payments, destruction or damage to the project, assignment of rights, warranties, and cancellation rights under Massachusetts law.

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Click ‘Get Form’ to open it in the editor.
Begin by filling in the Contractor's name and address at the top of the form. This identifies who will be performing the work.
Next, enter the Owner's name and address. This section establishes who is hiring the contractor.
In the 'SCOPE OF WORK' section, specify the type of fencing materials and services required. Be detailed to ensure clarity on expectations.
Fill in the 'WORK SITE' details, including the specific location where the fencing will be installed.
Indicate start and completion dates in the 'TIME OF COMPLETION' section to set a timeline for project delivery.
Complete sections regarding permits, soil conditions, insurance, and any changes to scope as necessary based on your project specifics.
Finally, review all entries for accuracy before signing. Ensure both parties sign and date at the end of the document.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What is the spite fence law in Massachusetts?

Section 21. A fence or other structure in the nature of a fence which unnecessarily exceeds six feet in height and is maliciously erected or maintained for the purpose of annoying the owners or occupants of adjoining property shall be deemed a private nuisance.

Can my neighbour put up a 6 foot fence?

As a general rule, if the fence in your front garden is next to the road or footpath, it can only be one metre (3.2 feet) in height. Fencing in your back garden that separates your garden from your neighbours can be a maximum of two metres (6.5 feet) in height this includes any trellis topper.

What is the fence law in Massachusetts?

By law, the contractor cannot collect more than 1/3 of the cost of the contract in advance, unless special order materials are needed.

What is the tree boundary law in Massachusetts?

Massachusetts law recognizes a right of self-help by which a property owner can cut the limbs or branches of a tree that invade his property as long as such cutting is done at the property line. A neighbor has the right to remove so much of the tree as overhangs his property.

What are the rules for fences in Massachusetts?

Requirements for a Lawful Fence in Massachusetts The fence must be at least four feet high. The property owner must maintain the fence in a state of good repair. The homeowner installing the fence may only use the following materials: Residential fences cannot be constructed with of barbed wire.

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How much can a contractor ask for upfront in Massachusetts?

If the fence is over six feet in height, a building permit is required. There is no requirement regarding which way the fence faces. The State Building Code, 780 CMR regulates the height of the fence. Fence can be installed close to the property line as long as no part of it extends over a neighbors property.

How to make a fencing contract?

Here are the key elements you should include: Scope of Work. Describe exactly what you will do for the fencing project. Materials and Specifications. List all the materials you will use. Timeline and Deadlines. Payment Terms. Warranty and Maintenance. Scope of Work. Compliance and Regulations. Insurance and Liability.