New York Mechanic's Lien

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This is a quickreference guide for common questions that come up regarding mechanic's liens inNew York. For specific inquiries please feel free to contact one of the attorneys in our offices. 

1.  Who Can File A Mechanic's Lien?

In general, anyone performing labor or furnishing materials for the improvementof real property may file a mechanic's lien when the labor or materials wererequested by the owner or its agent. It should go without saying that the liencan only be filed if money is owed. Some typical lienors are contractors,subcontractors, suppliers, architects, engineers and in some cases constructionmanagers.

2.  How Long Do I Have To File A Lien?

A lien filed against a residential single family private dwelling must be filedwithin four months of the last performance of labor or furnishment ofmaterials. A lien filed against any other private property must be filed withineight months after the completion of the contract, or the final performance ofthe work, or the final furnishing of the materials.

3.  How Long Does My Mechanic's Lien Last?

The lien is valid for one year. After that you must take steps to extend thelien. If not extended or foreclosed upon, the lien will expire by operation oflaw.

4.  How Do I Foreclose on a Mechanic's Lien?

Foreclosing on a mechanic's lien is a fairly complicated process that involvesfiling a formal lawsuit. There are specific people that must be included in thelawsuit and other specific requirements that justify retaining an attorney tohandle the foreclosure.

5.  What Do I Do If I Am Served With A Mechanic's Lien?

You have three options: 1) bond the lien; 2) commence legal proceedings todischarge the lien; or 3) do nothing (not recommend under most circumstances).For bonding the lien or attempting to discharge the lien through the courtsystems it is strongly recommended that you consult with an attorney.

6.  What Happens If I File A Lien That Is Not Accurate?

This is really a two part problem. First of all, a lien that is defective onits face (meaning in the actual terms set forth in the lien) can be summarilydischarged and will not protect you. Second, filing an improper lien can exposeyou to liability, especially in the case of a "willfully exaggeratedlien" where you are subject to treble damages and attorneys’ fees beingawarded against you.