Filing Construction Mechanic’s Liens in New York with Speedy Lien
When it comes to securing payment for construction services rendered, filing a mechanic’s lien is a powerful tool. In New York, the process to file a Mechanic’s Lien can be complex, but with Speedy Lien, you have a trusted partner to guide you every step of the way. Here’s what you need to know about filing construction mechanic’s liens in New York.
Critical Timing: Last Date of Services
The most crucial factor in being able to file a mechanic’s lien is your last date of services on site. This date determines your eligibility to file a lien and impacts the time limits you must adhere to.
Time Limits for Filing: Commercial vs. Residential
Your last date of services at the job site is critical to being able to file your Speedy Lien Mechanic’s Lien claim. New York law distinguishes between commercial and residential projects when it comes to the time allowed for filing a mechanic’s lien:
- Commercial Projects (Multi-Family Buildings, Cooperative Buildings, Commercial Buildings): You have 8 months from the last date of services to file a lien.
- Residential Projects (Single Family Homes / Single Apartments): You have 4 months from the last date of services to file a lien.
Who may file a Mechanic’s Lien?
A Mechanic’s Lien or Construction Lien Claim can be filed in New York by a contractor, subcontractor, supplier, or other person who has provided labor or materials for a construction project but has not been paid. In general, anyone who provides labor, materials or professional services for the improvement or construction of a property can file a mechanic’s lien, including but not limited to:
- General contractors
- Sub-Contractors
- Material suppliers
- Architects
- Engineers
- Surveyors
- Laborers
Materialman:
Sells/Rents Construction Related Materials and Equipment.
Including: Lumber, Drywall, Plumbing Materials, Electrical Materials, HVAC, Masonry Materials, Brick, Block, Concrete, Flooring, Sprinklers, Elevator Materials, Steel, Metal, Sewers, Shrubbery, Scaffolding, Dumpsters/Containers, etc.
Laborer:
The Party Installing the Above Materials.
Including: Environmental Remediation, Tank Abatement, Asbestos Removal, Soil Samples, Trucking / Hauling of Materials / Equipment to a Jobsite or Debris from a Jobsite, etc.
Professional Services:
Including: Architect (Licensed), Engineer (Licensed), Construction Site Safety*, Etc.
Construction Management is allowed in certain counties in New York. **
Legal Standing of a Mechanic’s Lien
A Mechanic’s Lien is a legal claim against a property for unpaid work or materials used in construction or improvement of the property. Filing a Mechanics Lien (or construction lien claim) is a way for a contractor, subcontractor, or supplier to secure payment for services and materials provided to a construction project. If the owner of the property or the general contractor fails to pay, the lien provides a means to recover the amount owed through a court action or the sale of the property. Filing a New York mechanic’s lien can also serve as a warning to potential buyers of the property that there is a claim against it. Mechanic’s Liens provide protection to contractors, vendors, material suppliers and professional services in the construction industry. A Lien is a legal tool to protect yourself, for non-payment.
A Mechanic’s Lien attaches the amount you are owed for materials or services rendered, to the title of the property in question. In other words, it prevents the property owner from selling, transferring title or refinancing said property. For those of you that have a mortgage on your property, your bank has a Lien or an interest for the amount borrowed. By filing a Mechanic’s Lien you will have the same interest a bank does against the property in question.
Enforcement of a Mechanic’s Lien
If a mechanic’s lien is not paid, there are several ways to enforce it:
- Lawsuit: Taking legal action to recover the debt.
- Judgment: Obtaining a court order to enforce the lien.
- Foreclosure: Forcing the sale of the property to satisfy the lien.
- Collections: Utilizing collection agencies to recover the debt.
Final Step. Once Paid, Now What? Filing a Satisfaction of Lien
Once the lien has been paid, the final step is to file a Satisfaction of Lien. This legal document confirms that the debt has been settled. Note that there is a fee associated with this process.
Speedy Lien: The Industry Leader
Speedy Lien is recognized as an industry leader in mechanic’s lien filing for 35 years. With a reputation for efficiency and reliability, we are the go-to source for filing mechanic’s liens. We offer a swift one-business-day filing service and have offices in New York City, Long Island, and Ridgefield, Connecticut, serving New York, New Jersey, and Connecticut.
Free Consultation
If you are owed money for construction work, call Speedy Lien for a free consultation of your lien rights. We are here to help you secure the payment you deserve.
Contact:
- Dillon Nash, Executive Vice President
- Email: DN@SpeedyLieninc.com
- Phone: 212-203-7420
- Website: www.SpeedyLienInc.com
- File a Lien Submission: www.SpeedyLienInc.com/File-a-Lien/
- Frequently Asked Questions: www.SpeedyLienInc.com/Frequently-Asked-Questions/
Trust Speedy Lien to protect your interests and ensure you get paid for your hard work.