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New York Lenient On Notice Requirements

New York Lenient On Notice Requirements

Notice requirements can make or break a mechanics lien, depending on the jurisdiction your in. Content, timing, delivery. Each state has their own requirements for you to follow concerning different types of notices. Some states are very strict when determining whether a party complied with these requirements. Other states look for “substantial” compliance. New York […]

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Prior Nonpayment May Forgive Failure to Comply With Contractual Notice Provisions

New York Lien Laws

Contract clauses that attempt to shift the financial risk of a project onto lower-tiered parties are all too common in the construction industry. Many times, these clauses are a direct assault on mechanics lien rights. Other clauses, however, are not specifically related to mechanics liens, and follow a different path toward making recovery of unpaid amounts difficult […]

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No License, No Lien, No Recovery? Sometimes.

While mechanics liens can provide valuable protection for parties who furnish labor and/or materials to construction projects, the claimant must qualify to file a valid mechanics lien before the protections can work to his or her benefit. In many states, having a license to perform the work at issue is a prerequisite to filing a valid […]

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New York Lien Amendment to Identify True Owner Allowed In Some Circumstances

Whether or not a mechanics lien may, or should, be amended in certain various circumstances is a difficult and dangerous question. Further, determining what information is “close enough” and what information will result in a lien being invalidated can be difficult. On one hand, mechanics liens have strict statutory requirements that must be met in order […]

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New York Allows Mechanics Lien Amendment When Name Wrong

One would think that identifying oneself on a document is a no brainer. Similar to going to a party and saying, “hello, my name is ___,” when filing a mechanics lien the party filing the lien (i.e. the lien claimant) must announce who they are.  Within the document, the claimant will write something like, “We, […]

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“Final” Waiver is Not Always Final in New York

Mechanics lien questions

One topic we frequently write about here is whether a party such as a subcontractor or supplier can waive any mechanics lien rights they might have on a property, and, if so, how that waiver will stand up to judicial scrutiny.  For example, Wisconsin permits enforceable lien waivers at any point “whether or not consideration has […]

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New York Mechanics Lien Priority: Who’s On First?

mechanics lien priority

If a construction project gets saddled with mechanics lien claims and money gets tight, the topic of “Lien Priority” can suddenly become very important. Every state has some method of ranking lien and paying lien claims. These methods typically not only pit mechanics lien claimants against one another, but also against lenders who contribute funds to […]

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