How to Enforce a Lien

When you’re a contractor or subcontractor in New York and a property owner doesn’t pay your invoice after all work is complete, filing a mechanic’s lien is a collection measure that normally gets results. A clouded property title can cause so many complications for the owner that the payment issue is often resolved without further action on your part. Remember, “often” isn’t the same as “always.” In some cases, Read More

The 9 Elements of a Valid Claim of Lien

Contractors, subcontractors, and suppliers who work in the New York construction industry often have to deal with the frustration of slow-paying and even non-paying clients. This is why the law allows you to file a mechanic’s lien against the property: if the owner doesn’t pay your bill, you can foreclose on the lien and collect the amount you are owed from the sale proceeds. In New York, this process begins when Read More

What is a Mechanics’ Lien?

A mechanic’s lien is a security interest in the title of a property. If you are a general contractor, subcontractor, or supplier who has worked on or supplied materials for a New York construction project and you have not been paid, a mechanic’s lien protects your right to payment. If the property owner does not pay your invoice after the lien is filed, the property can be sold and the proceeds used to satisfy your Read More

Public vs. Private Projects: What’s the Difference When It Comes to Liens?

If you are a general contractor, subcontractor, or supplier who provides goods or services to a New York construction project, a mechanic’s lien protects your ability to get paid. However, the laws and procedures vary depending on whether the project is a public or private one.   Private Projects If your invoice for a private project goes unpaid, New York law allows you to file a mechanic’s lien on the Read More

The 4 Components of a Valid Intent to Lien

A Notice of Intent to Lien is a type of respectfully worded warning letter. It is sent to the property owner and, in some cases, the general contractor of a construction project to affirm that if payment is not made for services and materials rendered, the claimant will file a mechanic’s lien against the property to protect their right to compensation. Although New York does not require you to send a Notice of Read More

5 Myths About Mechanic’s Liens

Mechanic’s liens are effective legal remedies in New York construction projects, but they are also commonly misunderstood, particularly regarding who can file them and what can be included in the lien. To ensure that you understand your rights in the event of nonpayment for your labor or supplies, we’ve listed 5 persistent myths about mechanic’s liens and the truth behind each one. Anyone who worked on a Read More

Who Can File a Lien?

Although the New York construction industry often associates lien rights with general contractors, the truth is that mechanic’s lien protection is quite broad. In addition to contractors, it extends to: Subcontractors Construction workers Materials suppliers Landscape gardeners Nurserymen or sellers of ornamental or fruit trees, shrubbery, rose bushes, vines, and small fruit In short, nearly Read More

5 Steps to Take to File a Mechanic’s Lien

Also known as a construction lien, a mechanic’s lien is an effective means of ensuring that contractors, subcontractors, suppliers, and other professionals who work on a construction project get paid. If the owner fails or unreasonably refuses to pay for services or materials provided, the party who filed the lien can seek to enforce it, which could involve selling the property to cover the money owed. Filing a Read More

5 Things to Know About Mechanic’s Lien Foreclosures

As you may know, a mechanic’s lien is a tool that contractors use to ensure they are properly paid for the work they have performed. But what happens when you as a contractor or sub-contractor still don’t get paid? At that point, you need to move to the next step of foreclosing, or enforcing, that lien. This article highlights a few things you need to know about the lien foreclosure process. 1. A Lien Foreclosure Read More

Understanding Lien Releases and Lien Waivers

We see it all the time in New York State: A construction project doesn’t go as smoothly as either party had hoped. Payments are delayed or refused. It becomes a “he said/she said” situation, and a standoff ensues. Depending on who took action first, there could be a lien on the property that is later resolved, or the contractor could have signed a lien waiver to prevent any disputes in the first place. In this Read More