New York Construction Lien Laws
Under New York construction lien laws, contractors, subcontractors, and other laborers who perform work on a property, or furnish materials for the improvement of real property with your consent or at your request, can file a lien against your property to enforce their claims for payment if they are not paid in full. The lien must be filed in accordance with statutory time limits and requirements set forth in construction lien laws in New York.
This filing is known as a construction lien and may also be called a mechanics lien. NY construction lien laws further provide that a lien may be discharged by the lien holder issuing a certificate, filing it in court, and acknowledging the satisfaction and release of the lien. Otherwise, a lien discharges automatically within one year of filing if no legal action is taken to foreclose on the lien.
When there is a lien filed against your property pursuant to construction lien laws in New York, your property potentially can be sold against your wishes to pay for labor, materials, or other services that have been provided by someone you hired who you failed to pay.
Seeking a lien release under construction lien laws in New York
One of the ways to avoid a construction lien being filed against your property is to seek and secure a construction lien release in NYC from any contractors that you hire. By executing a properly drafted lien release, you remove your property from the threat of a construction lien.
To avoid the necessity of getting a lien release, an attorney can help you secure a lien waiver prior to your making any payment to a contractor. A properly drafted construction lien waiver can cover the materials used and work performed and can prevent you from having to sell your property to satisfy a lien.
Our attorneys can help with NY construction lien laws
Our New York City personal injury lawyers are ready to provide you with the type of effective, dedicated, and skilled representation you need. Call today and allow us to provide you with personal representation for your legal matter. The New York construction lawyers at Hach & Rose, LLP, can explain your legal options, guide you through the legal process, and pledge to work hard to resolve your legal problems.