Tuesday, August 14, 2012

New York Public Lien

Protect Yourself on NY Public Works Jobs

New York is one of the few states that allows subcontractors to file a lien on a public works project.  Rather than attaching to the land, the lien attached to the project funds.  In order to file a lien, the subcontractor must have a written contract for the work done or materials furnished.  The lien also must be filed within 30 days from completion and acceptance of the project.  It can be filed at any time before the 30 day mark.  The lien is filed with the public entity in control of the project as well as the entity paying for the job.

Since the lien is filed with the public agency controlling the project, service upon them is not needed.  Service must only be made on the prime contractor.  An affidavit of service must also be filed with the public agency, which shows them that the contractor has been notified of the filing.  The public lien is valid for 1 year after the filing date.  A public lien may be extended for an additional year as long as the extension is filed within the 6 month period.

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