One of the biggest mistakes that a potential lienor can make is to wait too long to file a mechanic's lien. Under New York law, the length of time during which the filing of a mechanic's lien is permitted is dependent on the type of project at issue.
One or Two Family Dwelling: A mechanic's lien must be filed within 4 months of the last day when the lienor provided labor or materials to the project.
All Other Private Projects: A mechanic's lien must be filed within 8 months of the last day when the lienor provided labor or materials to the project.
Public Projects: A mechanic's lien must be filed within 30 days of the date on which the public entity approves and accepts the project.
Retainage (only) Liens: A mechanic's lien for retainage (only) may be filed within 90 days of the date when the retainage became due and owing.
Vincent T. Pallaci is a partner with the New York law firm of Kushnick Pallaci, PLLC. With offices in Buffalo and Long Island, Kushnick Pallaci provides legal services to the construction industry across the State of New York.
No comments:
Post a Comment