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Mechanics Liens in New York, NY
If you're a contractor, subcontractor, or supplier who has provided work or materials for a construction project but did not get paid, you can file a mechanics lien.
A mechanics lien allows you to place a claim on the property to secure payment for your work. However, mechanics liens involve complex legal procedures and deadlines that must be strictly followed. It's crucial to consult an experienced mechanics lien lawyer like us if you want to pursue this option.
When to File a Mechanics Lien
Here are common situations when a mechanics lien can help you get paid:
- The general contractor on a construction project did not pay for work performed or materials supplied.
- A property owner has partially paid the general contractor, but the contractor has failed to pay the subcontractor.
- A homeowner did not pay the agreed price for a home renovation or construction project.
- A developer did not pay for installing infrastructure (streets, sewers, etc.) as part of a new housing development.
- A business has not paid for equipment, machinery, or fixtures installed on their property as per contract.
- A materials supplier has not been paid for building materials purchased by a contractor and used in a property improvement project.
In these and similar scenarios where there is an unpaid claim for enhancing the value of real property, a mechanics lien gives the unpaid supplier leverage to get paid. The threat of legal action to foreclose on the lien motivates the owner to promptly pay what they owe. Consulting a lawyer like us helps determine if filing a lien is the best course of action. We can advise based on the specific circumstances and details of your payment dispute.
How to File a Mechanics Lien in New York
Here's a general overview of filing a mechanics lien in New York.
The lien must be filed within 8 months from the day you last furnished labor or materials to or completed construction on a commercial project or within 4 months for a single-family residential project.
A Notice of Mechanic's Lien must be served to the property owner either 5 days before filing the lien or within 30 days after filing the lien. Proof of serving a copy of the mechanics lien to the owner must be filed with the county recorder within 35 days after filing the lien.
The lien must include certain details like the labor/materials provided, the amount you are owed, property description, and the owner's information.
The Notice and Lien must be filed with the County Recorder's office in the county where the property is located.
Once filed, the lien remains in effect for 1 year. You must take action to foreclose on the lien before it expires if payment is still outstanding. New York, however, allows the extension of the effective period of the lien.
While the process seems straightforward, mechanics lien laws contain many nuances and pitfalls. We ensure maximum enforceability of your lien and protect your payment rights. We can also represent you if any legal action becomes necessary. Should you need legal representation or advice, we at the law offices of Albert Goodwin, are here for you. We are located in Midtown Manhattan in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licensed New York attorney with over 18 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
