Private Projects

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notice requirements Private Projects lien requirements Private Projects
prime contractor Private Projects None. Generally, lien required w/in 8 months of last furnishing services. On single-family residential projects, w/in 4 months. Enforcement due 1 year from lien filing.
sub laborer Private Projects None. Generally, lien required w/in 8 months of last furnishing services. On single-family residential projects, w/in 4 months. Enforcement due 1 year from lien filing.
supplier other Private Projects None. Generally, lien required w/in 8 months of last furnishing services. On single-family residential projects, w/in 4 months. Enforcement due 1 year from lien filing.

NOTICE REQUIREMENTS

New York is a Non-Notice State, meaning that parties to a construction project are generally not required to deliver any pre-lien notice to preserve its rights to later file a mechanic’s lien.

START OF LIEN PERIOD?

When was exactly was work last performed? In determining the start of your lien period, you should look to the last item of work performed by the lien claimant.    Warranty / remedial work / punch list items should not be included.

THE MECHANIC’S LIEN

  • Referred to as “Notice Under Mechanics Lien Law for Account of Private Improvement”
  • On Most Projects a claimant must file the lien within 8 months after the last furnishing of labor and/or materials.
  • On Single Family Residential Projects the period is shortened to 4 months after the last furnishing of labor and/or materials.
  • Suppliers to suppliers cannot file mechanic’s liens on private projects.
  • Liens must be foreclosed upon by filing suit within 1 year from the filing of the lien. However, except for mechanic’s liens on single-family residential projects, a lien’s validity may be extended by filing for an Extension, which will extend the mechanic’s lien for one year.
  • Within 30 days after the mechanic’s lien is filed, the claimant must serve a copy of the lien on the owner of the property, and everyone up the lien chain (i.e. the party who hired it, and the party who hired that party, etc.)    Proof of the service must be filed with the county clerk within 35 days after the mechanic’s lien is filed or the lien will be terminated.
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