Information and updates on the construction industry. Legal developments in the construction lien law are provided here, with helpful information on when to file a mechanics lien or prelien notice. This forum is meant to help the construction industry, or anyone who provides improvements to real estate.
Who can file: As is the case in most states, contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a New York mechanics lien.
Prenotices: New York is one of the few states that does not require a preliminary notice to be served upon the owner before a lien is filed. This rule applies to residential, commercial, and public lien filings.
A lien on a public job can be filed atany time before the completion and acceptanceof the public improvement,butno later than 30 days following completion and acceptanceby the state or the public corporation.
New York mechanics' liens with regard toreresidential single familydwellings must be filed within 4 monthsafter completion of the work. It is important to note that the work must be completed before the lien can be filed.
Most New York clerks are very strict with the filing deadlines. Should you be past the filing deadline, your document will be rejected by the county.
Service: Every New York lien is filed with an affidavit of service. This document states that the lien was served on all parties involved within 10 days after filing the lien. Without this document, the lien may not be valid.
Extensions: Although the duration of a lien is 1 year in NY, you may extend this time by filing an extension within 1 year from filing. This extension will ensure that the lien attaches to the property for another year. An additional extension requires a court order.