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NY Construction Lien Law

Following are frequently asked questions about New York construction lien law:

Q: What is construction lien law? A construction lien is designed to protect contractors. It allows them to file a legal claim against a piece of property and foreclose on the lien in order to acquire payment for services rendered and materials. If no payment is received, the contractor files a lawsuit to force the owner to pay or have the house foreclosed on. You should seek the assistance of a NY construction lawyer if you are facing an issue with a construction lien.

Q: Who can file a lien in New York? In New York the following professionals are permitted to file liens:

  • Contractor
  • Subcontractor
  • Laborer
  • Materialman
  • Landscape gardener
  • Nurseryman or corporation selling fruit, ornamental trees, shrubbery, or who furnishes the improvement of real property by the request of the owner

Q: How long does a contractor have to file a lien? Under the construction lien law in New York, a lien may be filed at any time during the progress of work or furnishing of materials, or within eight months after the completion of work. If work is being done a single family house, the contractor may file a lien at any time during the work or within four months after it has been completed.

Q: How long does a lien last? Construction laws in New York explain that a lien is good for a period no longer than one year after the lien has been filed.

Q: How and when is a lien released? A lien is discharged if the contractor, builder, or other construction professional issues a certificate to the court acknowledging the satisfaction of a lien. Additionally, a lien may also be discharged if no legal action is taken after one year from the filing date. Further questions concerning the release of liens can answered by knowledgeable construction lawyers in New York.

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