NYC Mechanics' Liens Attorney

Mechanics’ liens are critical to ensuring payment in the construction industry, but filing, enforcing, or contesting them in NYC often requires skilled legal representation.

Richman Law Firm PLLC is here to help. Led by attorney Scott Richman, we represent builders, contractors, suppliers, and property owners in various matters involving New York mechanics’ liens.

Whether you’re looking to enforce a lien or defend against one, our team is committed to providing strategic advice on construction lien disputes, ensuring your interests are protected at every step. Contact us today for a free consultation.

How Mechanics’ Liens Work

Mechanics’ liens are legal claims against a property by general contractors, subcontractors, or suppliers who have performed work or provided materials but were not paid. These liens are attached to the property title, making it difficult for the owner to sell or refinance until the debt is settled.

Timeframe to File a Mechanic’s Lien

For commercial projects, a lien must be filed within eight months of the last day of work or material delivery. For residential projects, the time limit is reduced to four months. Missing deadlines may invalidate a lien. Therefore, acting quickly and consulting an experienced attorney is essential to start the legal process.

Filing Mechanics’ Liens in New York

Notice of Mechanic’s Lien

A notice of mechanic’s lien is the official document establishing a lien against a property. In New York, it must be filed with the county clerk’s office in the county where the property is located. The notice must include the amount due, a description of the labor or materials provided, and the property’s legal description.

Enforcing a Lien

Enforcing a lien against real estate involves claiming the proceeds from the sale of a property to satisfy the debt. This requires a comprehensive understanding of New York mechanic’s lien laws, deadlines, and foreclosing processes following state law. A lien remains effective for one year from the filing date, and any enforcement action must be initiated within that timeframe.

Satisfaction of Mechanics’ Liens

Once a mechanic’s lien has been paid in full, it must be discharged or released by filing a satisfaction of lien with the county clerk. This removes the lien from the title and allows the property owner to proceed with pending transactions. However, if the party who filed the lien refuses or fails to file a satisfaction of the lien after debts are fulfilled, they may be liable for damages.

Notice of Completion

A notice of completion is not a requirement in New York, but it can be beneficial since it formally declares the completion of a construction project and starts the clock for mechanic’s lien filing deadlines. Given the impact a notice of completion can have on the lien process, property owners, general contractors, and material suppliers should consider consulting a construction law attorney to evaluate if it’s beneficial.

Removing Mechanics’ Liens

Removing a mechanic’s lien from a property is key to maintaining a clear title and ensuring the sale or refinancing of a property.

Payment in Full: The easiest way to remove a mechanic’s lien is to pay the debt in full. Once settled, the lien claimant must file the satisfaction of lien with the county clerk’s office, releasing the lien from the property.

Filing a Lien Discharge: If the lien claimant fails to file a satisfaction of the lien after payment, property owners can file a lien discharge.

Contesting the Lien: If you believe the mechanic’s lien was improperly filed, you could file a petition with the court. Grounds for contesting a lien can include errors in the lien document, fraudulent claims, or disputes over the work performed or materials supplied.

Requesting Payment Bonds: In some cases, removing a mechanic’s lien might be possible by requesting a payment bond (posting a bond equal to 110% of the claimed amount with the county clerk’s office). The bond replaces a property as security for the debt, while the property owner disputes the validity of the lien.

Tailored Legal Solutions for All Parties in Construction

Whether you’re a contractor, supplier, or property owner, having the right legal representation can make all the difference. We can offer exceptional services tailored to your needs, ensuring New York law and statutory requirements are met:

Representing Builders & Contractors

One of the most common construction disputes involves difficulty obtaining payment for services rendered. When this happens, general contractors and builders often struggle to cover operational costs, pay subcontractors, and invest in ongoing or new projects. We understand the unique challenges in New York lien law and have experience ensuring claims are filed correctly and within the necessary timeframe.

Representing Suppliers

Suppliers frequently experience delayed payments for materials provided to construction projects, which can impact cash flow and operational capacity. We recognize the importance of material suppliers receiving timely compensation for their goods and services. Our team is adept at assisting suppliers in filing and enforcing mechanics’ liens.

Representing Property Owners

A mechanic’s lien filed against property can delay or halt construction projects, lead to financial burdens for owners, and force the sale of the property to satisfy the debt. We have experience disputing claimed amounts, questioning the work’s completeness, and challenging the claim’s validity. We can help you in the legal process and provide mediation and litigation if necessary.

At Richman Law Firm PLLC, we bring years of experience and understanding of New York State lien law to every case we handle. Our mechanic’s lien attorneys can facilitate the serving and filing of mechanics’ liens in NYC by ensuring the accurate completion, signing, and service of the liens to all relevant parties. Contact us today for a free consultation.

Frequently Asked Questions About Mechanics’ Liens in New York

What does a NYC mechanic’s lien attorney do?

A NYC mechanic’s lien attorney assists contractors, subcontractors, and material suppliers in protecting their right to payment for services rendered or materials provided on a construction project. The attorney ensures the mechanic’s lien is properly drafted, timely filed, and compliant with New York Lien Law so the lien remains valid and enforceable.

How does the New York lien law protect contractors and property owners?

The New York Lien Law provides a legal process for both contractors and property owners. It allows contractors to file mechanics’ liens on real property to secure payment for work performed or materials supplied, while also giving property owners legal avenues to contest invalid or excessive claims through court orders, payment bonds, or lien discharges.

Who can file a mechanic’s lien under New York State lien law?

Under New York State Lien Law, general contractors, subcontractors, material suppliers, and workers who have provided labor or materials to improve real property may file a mechanic’s lien. However, the lien must meet statutory requirements, including accurate descriptions, verified amounts owed, and a timely filing with the appropriate county clerk’s office.

What happens after a mechanic’s lien is filed?

Once a mechanic’s lien is filed, the property’s title becomes encumbered, meaning it cannot be sold, refinanced, or transferred without addressing the lien. Property owners may negotiate payment, post a payment bond, or challenge the lien in court. If the debt remains unsatisfied, the lienholder may proceed with foreclosure to enforce payment.

Can a lien be filed even if the property owner claims the work was unsatisfactory?

Yes. Even if there is a dispute over the quality of work performed, a contractor or subcontractor may still file a lien, provided it represents services rendered or materials provided under a valid contract. However, property owners can challenge such a lien in litigation or mediation, arguing the lien is invalid due to defective work or overstatement of the amount of the lien.

What should I do if I receive a mechanic’s lien on my property in New York?

If you receive notice that a mechanic’s lien has been filed on your property, contact a law firm with experience representing property owners to determine whether the lien complies with New York State Lien Law, negotiate with the claimant, or initiate a court order request to remove or bond off the lien.

How can contractors enforce a mechanic’s lien in New York?

To enforce a mechanic’s lien, the claimant must file a lawsuit within one year of the lien’s filing date, unless the time is extended by court order. The court may allow the foreclosure of the property to satisfy the debt. A mechanic’s lien attorney can help you follow all enforcement steps and comply with lien law and local county rules.

Are payment bonds an alternative to filing a mechanic’s lien?

Yes. A payment bond serves as a financial guarantee that contractors and subcontractors will be paid for their labor and materials. In public construction projects, where mechanics’ liens cannot attach to real property, payment bonds are the primary remedy for unpaid parties. Private property owners may also post payment bonds to clear liens and proceed with a sale or refinance.

What happens if a mechanic’s lien is not filed in time?

A mechanic’s lien that is not timely filed or properly drafted may be declared invalid under New York Lien Law. This could prevent contractors or lien holders from collecting sums owed. Because statutory requirements are strict, hiring experienced attorneys ensures compliance and preserves the right to enforce the lien through litigation or mediation.