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Mechanic Liens: Should Clerks And Recorders Ever Be Authorized To Reject A Filing? Are They Now?

A friend of the blog, Vincent Pallaci, posted an article this week about a New York bill proposing to require proof of licensing before allowing a mechanics lien recording. According to Vincent, it’s a bill that has been proposed to the New York State Assembly every year since 2004 and a bill that should continue […]

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What If Your Mechanics Lien Is Filed After The Owner Sells The Property?

Earlier this week someone asked a question on Avvo.com about whether a mechanics lien would be effective if filed after ab original owner sold the property. This is a great question that comes up pretty infrequently, but depending on the applicable state law, may be a great illustration of how effective and dangerous mechanics lien […]

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Hurricane Sandy: Waiting for Insurance Checks May Cost Contractors Lien Rights If Not Careful

As a New Orleans resident, I know the devastating effect that Hurricanes can have on the landscape. As a construction lawyer in this area, I know the effects that Hurricanes have on the construction industry. This blog is targeted to all those contractors, suppliers and equipment lessors in the North East who are working on […]

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Lien Law Alert: Are New York Mechanics Lien Challenges Impossible?

The Kings County Supreme Court in New York recently refused to invalidate a mechanics lien even though it appeared pretty likely that the claim was filed late. The case underscores how difficult it is to challenge the validity of a lien claim through a motion. Mechanics Lien That States Work Done Within 8 Month Filing […]

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New York Mechanics Lien Extension Rules Cloudy With A Chance Of Controversy

Hat tip to our friend Vincent Pallaci of the New York Mechanics Lien Blog for calling our attention to a very interesting and controversial mechanics lien decision from the appeals court in New York  affecting lien extensions in his blog article: Appeals Court Reinstates Discharged (Expired) Mechanic’s Lien. At issue in the case In the […]

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New York Exaggerated Lien Claims More Difficult To Prove After Recent Appeals Case

In New York, as is the case in almost every state, the party filing a mechanics lien must do so truthfully. The mechanics lien statement must always be signed, and oftentimes must be notarized and verified, indicating that the facts and figures set forth therein are true and correct.  This extends, of course, to the […]

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Arbitration Clauses Create A Mechanics Lien Mess

I love arbitration and arbitration clauses. In my attorney days, I’d recommend arbitration clauses for every contract and arbitration or mediation for nearly every situation. There is a lot of debate on this issue, but I personally believe that alternative dispute resolution is less expensive and more productive than litigation. Nevertheless, from a mechanics lien […]

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New York Mechanics Lien Frequently Asked Questions and Free Forms

New York has some of the simplest mechanics lien laws in the country. I say this because it is a true “non-notice” state, meaning that anyone can file a mechanics lien if they are unpaid for materials or labor furnished to a construction project regardless of whether any notices were delivered. Further, New York’s mechanics lien laws […]

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New York Liens – How Long Are They Effective?

Another day, another post about how long a mechanic’s lien stays effective.  Today, we’ll take a quick look at New York – one of the states in which a lien may be extended.  The time period in which an action to enforce a mechanic’s lien must be initiated is necessarily congruent with the period of […]

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Guide To Serving Your New York Mechanics Lien

New York’s Construction Lien  § 11 requires mechanics lien claimants serve a copy of the mechanics lien upon the property owner within “five days before or thirty days after” filing.  This post will guide you on the acceptable ways to serve a New York mechanics lien and the often overlooked requirement of filing your affidavit […]

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Things To Think About When Assigning A Mechanics Lien

We’ve talked a lot about why you should file a mechanics lien, but something I always overlook and fail to mention this: A mechanics lien claim is an asset. Since a lien claim is an asset, most states allow you to “assign” the claim to any other person or entity.  Assignment is the transfer of rights […]

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