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	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.
	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.
	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.

New York Mechanics Lien Frequently Asked Questions

It’s easy to file a New York mechanic’s lien with Zlien, the nation’s leading mechanics lien compliance manager and filing service.  Zlien prepares New York mechanics liens, notices of intent to lien, lien extensions, lien releases and cancellations, and more. To learn more about New York’s mechanics lien laws, read the frequently asked questions below.

New York Mechanics Lien FAQ

Who Can File a Mechanic’s Lien?

In New York mechanic lien protection is fairly broad, and extends to every “contractor, subcontractor, laborer, materialman, landscape gardener, nurseryman or person or corporation selling fruit or ornamental trees, roses, shrubbery, vines and small fruits, who performs labor or furnishes materials for the improvement of real property.”  Except for suppliers, a lien claimant’s tier on a project is inconsequential.

There are some exceptions, however.  A lien claimant must be licensed to do the work (if a license is required), and must be authorized to do business in New York.  The lack of a license, or authorization to do business when required is fatal to the lien claim.

A supplier to a supplier is not allowed to file a mechanic’s lien in New York.

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When is the Deadline to File a Mechanic’s Lien?

In New York, the deadline by which a mechanic’s lien must be filed is dependent upon the project type.  Generally, liens may be filed at any time during the project, and within 8 months after the completion of the contract, the final furnishing of work or materials, or the final performance of the work.

If the lien concerns a single-family residence, the lien may be filed at any time during the project and within 4 months after the completion of the contract, the final furnishing of work or materials, or the final performance of the work.

Liens for brokerage commissions must be filed after the services have been provided and the execution of the lease, and within no later than 8 months after the lease has been executed.

While calculating the “lien period” is sometimes subject to factual dispute, a New York court has indicated that a mechanics lien will not be invalidated if such a dispute exists so long as the lien claim indicates that work or materials were furnished to the project within the lien period.  See our discussion of In the matter of Prospect Heights Rising Corp. 

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Do I Need to Send Notice the Lien Was Recorded?

Yes.  New York requires that a copy of the lien be served on the owner of the property.  The copy of the lien must be served within 5 days before, or 30 days after filing the notice of lien.  The failure to file proof of the service of a copy of the lien with the county clerk of the county in which the lien is filed within 35 days after the lien is filed is fatal to the lien.  Further, until the service of the lien on the owner, the owner is protected in any payment made in good faith to a lien claimant.  Lien claimants other than the general contractor should also serve a copy of the lien claim on the general contractor.

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Can I include Attorney’s Fees, Collection Costs, or Other Amounts in the Lien Total?

No.  In New York, the lien claim should be limited to the amount unpaid labor, material and equipment supplied to the project.  Indirect or consequential damages are not allowed in New York.  However, extra charges and change orders agreed to by the property owner may be included in the lien claim.

Be careful about the amount you claim within your mechanics lien. If you exaggerate your lien claim there could be severe consequences.  While an exaggeration of your claim qualifies the owner or prime contractor to sue you and recover significant damages and penalties, these claims are very hard for the owner or prime contractor to prove, which is a benefit for lienors.  See this blog post on the topic: New York Exaggerated Lien Claims More Difficult To Prove After Recent Appeals Decision.

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When is the Deadline to Enforce a Mechanic’s Lien, or, How Long is My Lien Effective?

In New York, a mechanic’s lien is generally effective for one year after its filing, and an action to enforce the lien must be initiated within that period of time.  However, New York also allows for a mechanic’s lien to be extended, potentially more than once, to extend the effective period of the lien.  More information on New York lien extensions can be found here.  Note also a recent controversial appeals decision in New York that makes the timeframe for filing a 2nd lien extension (one that requires a court order) more controversial and uncertain:  New York Mechanics Lien Extension Rules Cloudy With A Chance Of Controversy.

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Will My Lien Have Priority Over Pre-Existing Mortgages or Construction Loans?

Not generally.  A mechanic’s lien generally has priority over encumbrances to the property recorded after the project began.  As always in mechanic’s liens, certain exceptions apply.  A mortgage recorded prior to the beginning of the improvement has priority over a subsequent mechanic’s lien to the extent of advances made prior to the filing of the lien.

As between mechanic’s liens, the priority is based on tiers if there is not enough money to fully satisfy all claims.  The order of preference is as follows: 1) laborers, 2) subs and suppliers of subs, 3) subs and suppliers of general, 4) general.  All claims in each tier must be satisfied before moving on to the next tier.

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Must the Lien Include a Legal Property Description?

No.  In New York, a mechanic’s lien requires an description of “the property subject to the lien. . .sufficient for identification; and if in a city or village, its location by street and number, if known.”  A full legal description is not required.

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Must the Lien be Notarized?

Yes.  New York requires a mechanic’s lien to be notarized in order to be valid.

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Can I File a Lien if I’m Unlicensed?

No.  New York has strict licensing requirements.  If the claimant is required to have a license, the claimant must be licensed in order to claim a lien.  Further, the claimant must be authorized to do business in New York.

If a general contractor on a residential home improvement project does not have a home improvement contractor’s license, his subcontractors are also prohibited form bringing a lien against the property.  Further, if the general lacks a home improvement contractor’s license (even if the job is not entirely residential in nature) the contractor is not allowed a lien on the property and is forbidden form filing a breach of contract action.

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Can I File a Lien on a Condominium Project?

Yes mechanic’s lien may be filed against a project involving a condominium, provided the lien claimant would otherwise have valid mechanic lien rights.

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Who Cancels the Lien if/when I get Paid?

Once a lien claimant receives payment, the lien may be cancelled “by the certificate of the lienor, duly acknowledged or proved and filed in the office where the notice of lien is filed, stating that the lien is satisfied or released as to the whole or a portion of the real property affected thereby and may be discharged in whole or in part, specifying the part. Upon filing such certificate, the county clerk in the office where the same is filed, shall note the fact of such filing in the “lien docket” in the column headed “Proceedings had” opposite the docket of such lien.”

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New York Preliminary Notice FAQs

Do I Need to Send a Preliminary Notice?

No.  However, any party may file a notice of intent to lien in an attempt to facilitate payment if so desired.

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When do I Need to Send a Preliminary Notice?

N/A.  A notice of intent to lien may be sent at any time.

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What if I Send the Preliminary Notice Late?

N/A.  A notice of intent to lien may be sent at any time.

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How Should the Preliminary Notice be Sent?

N/A.  A notice of intent to lien may be sent by any method.

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Do I Have to Send the Preliminary Notice to Someone Other than the Owner?

N/A.  A notice of intent to lien may be sent to any party desired.

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Requirement met when sent or delivered?

N/A.

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