How to File a Mechanic’s Lien

Filing a mechanic's lien in New York involves several steps to ensure compliance with state laws. Here's a detailed guide on how to file a mechanic's lien in New York:

Step 1: Ensure Eligibility

Before filing a mechanic's lien, make sure you are eligible. Generally, contractors, subcontractors, laborers, material suppliers, and certain design professionals who have provided labor or materials for a construction project are eligible to file a lien.

Step 2: Determine the Deadline

• Private Projects: For private projects, the lien must be filed within 8 months from the last date of work or delivery of materials. If the project is a single-family residence, the deadline is reduced to 4 months.
• Public Projects: For public projects, the lien must be filed within 30 days after the completion and acceptance of the project.

Step 3: Prepare the Mechanic's Lien Form

Prepare the necessary form, which should include:

• The name and address of the lienor (the person or entity filing the lien).
• The name and address of the property owner.
• A description of the labor or materials provided.
• The amount claimed.
• The first and last dates of work or delivery of materials.
• A description of the property being liened.

Step 4: Verify the Lien

The lien must be verified. This means it must be signed and sworn to before a notary public.

Step 5: File the Lien

• Private Projects: File the lien with the County Clerk's office in the county where the property is located.
• Public Projects: File the lien with the public entity overseeing the project.

Step 6: Serve the Lien

Serve a copy of the lien on the property owner. This must be done within 5 days before or 30 days after filing the lien. Service can be made by personal delivery or by certified mail.

Step 7: Enforcement

If the lien is not paid, you must enforce the lien by filing a lawsuit within one year from the filing date of the lien. This is done to foreclose on the lien and seek payment.

Additional Considerations

• Amendments: If there are any mistakes in the lien, it can be amended within 60 days from the filing date.
• Extensions: In some cases, you may be able to extend the lien by one year by filing an extension notice.

Resources

• New York State Mechanic's Lien Law
• Speedy Lien Online Submission Form

Following these steps carefully will help ensure your mechanic's lien is filed correctly and increases your chances of recovering the money owed for your work or materials provided.

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 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.

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 Management is allowed in certain counties in New York. **

New York Lien Law:
(New York Liens, NY Liens, New York Construction Lien Claims)

Services/Materials Rendered to:

Single Family Homes, Single Condominium Apartments - Your lien must be filed no later than 4 months from the last date of service.

Multi-Family Buildings, Cooperative Buildings, Commercial Buildings - Your lien must be filed no later than 8 months from the last date of service.

If the unpaid balance is based off retainage, a Mechanic's Lien may be filed within 90 days of the retainage being due.

• The Owner of the Property.
• The Party that hired you.
• The General Contractor, if you were a Sub-Contractor to a Sub-Contractor.

Certain states require a Notice of Intent (NOI) or a Pre-Lien Notice. 

New York does not require a NOI. New Jersey Commercial Lien Claims do not require a NOI.

Connecticut and Pennsylvania both have a Notice of Intent requirement. Speedy Lien handles the filing and service of the Notice of Intent.

Visit our Lien Law by State page for more information.

Your Mechanic's Lien is filed for the exact amount you are owed, strictly for the work performed and rendered to date. 

You are not allowed to include legal fees or the cost to file your Lien, in the amount you are owed. 

Once your Lien has been paid, you must Satisfy your Lien off the title of the property. Click here to start the process of filing a Satisfaction of Mechanic's Lien.

In New York, you have the ability to Extend a Mechanic's Lien. The initial Lien is valid for 1 calendar year from the date of filing. Your deadline to file an Extension of Lien is within one year of filing your Lien claim. Failure to file your Extension prior to the deadline will cause the lien to expire.

NY Liens filed against commercial properties can be extended three additional years. The last two Extensions must be filed via a signed Court Order Extension. 

NY Liens filed against residential properties in New York can be extended two additional years. Both Extensions must be filed via a signed Court Order Extension. 

In New York, the rules regarding who can file a mechanic's lien are outlined in the state's lien laws. Here are the key points relevant to different types of contractors and services:

Types of Contractors Who Can File a Mechanic's Lien in New York

1. General Contractors:

   • These are contractors who have a direct contract with the property owner.

2. Subcontractors:

   • Subcontractors working under a general contractor can file a lien.

3. Material Suppliers:

   • Suppliers who provide materials for the improvement of a property can file a lien, even if they do not have a direct contract with the property owner.

4. Laborers:

   • Individuals who perform labor on a property can file a lien.

5. Design Professionals:

   • Architects, engineers, and other design professionals who contribute to the improvement of the property can file a lien.

6. Restoration Companies:

   • Companies that provide emergency restoration services, such as fire or water damage restoration, can also file a mechanic's lien. These services are considered necessary for the improvement and maintenance of the property.

Rental Equipment

• Equipment Rental Companies:
  • Companies that rent equipment used in the improvement of a property are also eligible to file a mechanic's lien in New York. The lien can be for the rental charges of the equipment provided.

Hauling of Materials

• Haulers:
  • Businesses or individuals that provide hauling services for materials used in a construction project can file a mechanic's lien. This includes transporting materials to and from the construction site.

General Requirements

To file a mechanic's lien in New York, the claimant must ensure the following:

1. Timeliness:

   • For private residential projects, the lien must be filed within four months of the last date of providing labor or materials.
   • For non-residential projects, the lien must be filed within eight months of the last date of providing labor or materials.

2. Notice of Lien:

   • The lien must be filed with the county clerk in the county where the property is located.

3. Content of the Lien:

   • The lien must include specific information such as the name and address of the lienor, the property owner, a description of the property, the amount claimed, and the first and last dates of work or material delivery.

4. Service of Lien:

   • The property owner must be served with a copy of the lien within a certain timeframe after filing.

Understanding these details can help contractors, suppliers, and service providers ensure they are properly asserting their rights under New York's lien laws.