When a individual improvement lien is filed in New York, the entire body of the New York Lien Constabulary is imported which establishes the rules for filing, enforcing (or foreclosing the lien) and for challenging or discharging the lien. There may often be defenses to the lien for the property owner as outlined below.  For those seeking to file a valid lien, the below serves as a reminder of mutual problems to avert.

Often in the structure context a homeowner may detect a lien filed confronting their property by a contractor hired to perform work on the property. Also it is common for the homeowner to have complaints almost or criticisms of the piece of work performed. For the homeowner who finds their property with a lien, and unsatisfactory work performed, information technology is possible to seek relief from the court. "A lien will be vacated where the court finds the piece of work was not substantially completed or is below industry standards."New Day Builders five. SJC Realty219 A.D.second 623, 631 N.Y.S.2d 707, N.Y.A.D. 2 Dept., September xviii, 1995 (NO. 93-06390).

The time provided for a party to lien a property for being unpaid for work performed is as well express nether the New York Lien Law and strict compliance with all requirements is required for a lien to be valid and enforceable. For work performed on a unmarried family dwelling the time allowed for a lien to exist filed is four months from the engagement of last work NY Lien Law § 10. This time limit, however, tin can be unclear if there was a termination or an abandonment of the job by the contractor, or when the contractor returns for repairs or warranty piece of work after completion.

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"Where a contract has been abandoned (by the contractor), the engagement to file runs from the date of abandonment"Locke v. Goode 174 N.Y.Southward.second 435. Whatsoever work done after abandonment will not extend the time allowed to file a lien. Likewise it follows that any repair or warranty call-backs on a completed projection would also not extend the fourth dimension available to the contractor for the filing of a lien.Nelson v. Schrank 75 N.Y.Due south.2nd 761.

The homeowner often will non have straight dealings or agreements with subcontractors supplied by their contractor and tin can find their property liened by a subcontractor due to the contractor's failure to pay the subcontractors. "If, before a lien is filed, the possessor has paid the contractor, but the contractor has failed to pay the subcontractor, the subcontractor'due south remedy is to look to the contractor [for payment]"Primal Valley Physical 310 Due north.Y.S.2d 925. "[An] owner's liability to subcontractors is strictly limited to the amount of the lien fund, that amount owed to the general contractor." NY Lien Law § four.

The extensive requirements of the New York Lien Law is a big body of police force, and is besides broad to be condensed into this commodity, but the higher up considerations are normally encountered in New York construction and serve to respond some common lien challenges.

Boosted information may besides be found in the blog commodity Pitfalls in Extending Mechanics Liens on Residential Backdrop.

John Caravella, construction attorneyJohn Caravella Esq., is a construction chaser and formerly practicing project architect at The Law Role of John Caravella, P.C., representing architects, engineers, contractors, subcontractors, and owners in all phases of contract grooming, litigation, and arbitration across New York and Florida. He too serves as an arbitrator to the American Arbitration Association Construction Industry Panel. Mr. Caravella can be reached by email: John@LIConstructionLaw.com or (631) 608-1346.

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