Public Improvement 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 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.

A Public Improvement Mechanic's Lien can be filed against public works projects, ensuring that contractors, subcontractors, and suppliers are paid for their services. These liens apply to projects funded by public entities such as villages, towns, cities, counties, and various state and city agencies.

A Public Improvement Lien attaches the amount you are owed to the contract issued by the agency such as the state, county, city or town. The Municipality withholds payment from the contractor; the agency will hold back 150% of the value of your Public Improvement Lien from the Prime Contractor on the project until your lien has been satisfied. 

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. **

Public Improvement Lien filing deadline:

You have 30 days from the time the work is completed and accepted to file your Mechanic's Lien on a public project in New York.

• The Agency that issued and holds the contract.
• The Party that hired you.
• The General Contractor.

New York does not require a Notice of Intent to be served prior to filing a Lien.

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 Public Improvement 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.

Eligible Projects and Agencies

In New York, you can file a Public Improvement Mechanic's Lien for a wide range of public works projects, including:

• Local Village, Town, and City Contracts: Projects commissioned by local municipalities.
• County Projects and Public Works: Infrastructure and public improvement projects managed by county governments.
• NYC Agencies: This includes contracts with:
  • School Construction Authority (SCA)
  • Department of Design and Construction (DDC)
  • Department of General Services (DOG)
  • Department of Finance (DOF)
  • Department of Transportation (DOT)
  • Department of Parks and Recreation
  • Housing Authorities
  • Department of Housing Preservation
• State Agencies: Projects involving:
  • Comptroller's Office
  • Department of Finance
  • State University of New York (SUNY)
  • Department of Housing Preservation & Development
  • Department of Environmental Protection

Filing a Public Improvement Lien in New York

When working on public works projects in New York, it's essential to know your rights and protections as a contractor or supplier. One critical tool available is the Public Improvement Mechanic's Lien, which ensures you can secure payment for the labor and materials provided. Here's a comprehensive guide on filing a Public Improvement Mechanic's Lien in New York, covering various public projects and agencies.

Understanding Public Improvement Mechanic's Liens

A Public Improvement Mechanic's Lien can be filed against public works projects, ensuring that contractors, subcontractors, and suppliers are paid for their services. These liens apply to projects funded by public entities such as villages, towns, cities, counties, and various state and city agencies.

Eligible Projects and Agencies

In New York, you can file a Public Improvement Mechanic's Lien for a wide range of public works projects, including:

• Local Village, Town, and City Contracts: Projects commissioned by local municipalities.
• County Projects and Public Works: Infrastructure and public improvement projects managed by county governments.
• NYC Agencies: This includes contracts with:
  • School Construction Authority (SCA)
  • Department of Design and Construction (DDC)
  • Department of General Services (DOG)
  • Department of Finance (DOF)
  • Department of Transportation (DOT)
  • Department of Parks and Recreation
  • Housing Authorities
• State Agencies: Projects involving:
  • Comptroller's Office
  • Department of Finance
  • State University of New York (SUNY)
  • Department of Housing Preservation & Development
  • Department of Environmental Protection

Why Hire a Filing Agent?

Navigating the process of filing a Public Improvement Mechanic's Lien can be complex and time-consuming. Hiring a professional filing agent, such as Speedy Lien, can streamline this process and ensure accuracy. Speedy Lien is a New York-based company with 35 years of experience guiding clients and perfecting mechanic's liens. Our expertise covers all types of public works projects, ensuring that your rights are protected, and you receive the payment you deserve.

Conclusion

Filing a Public Improvement Mechanic's Lien in New York is a powerful tool to secure payment for your work on public projects. By understanding the eligible projects, following the necessary steps, and considering the assistance of experienced filing agents like Speedy Lien, you can effectively protect your financial interests and ensure timely compensation for your services.

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

1. Subcontractors:

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

2. 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.

3. Laborers:

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

4. Design Professionals:

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

5. 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.