If you’re a contractor, subcontractor, or supplier who has not been paid for work done or materials supplied on a construction project, filing mechanics liens in New York can help you secure payment. A mechanics lien is a legal claim against a property that ensures you get paid for the services or materials you provide.  

Step-By-Step Guide for Mechanic’s Lien Filing  

Step 1: Verify Your Right to File a Mechanics Lien 

Before filing a mechanics lien, make sure you have the right to file one under New York state laws. Generally, contractors, subcontractors, and suppliers who have provided labor, materials, or equipment for a construction project have the right to file a mechanics lien if they have not been paid. 

Step 2: Preliminary Notice 

In New York, filing a preliminary notice is not a requirement to file a mechanics lien, but it can help notify the property owner, general contractor, and other relevant parties that you are asserting your right to file a lien. Sending a preliminary notice can also prompt the property owner to settle the payment dispute before a lien is filed. 

Step 3: Prepare the Mechanics Lien Form 

To file a mechanics lien in New York, you will need to prepare a mechanics lien form. The form should include details such as the property owner’s name and address, a description of the property, the amount owed, and a detailed list of the services or materials provided. 

Step 4: File the Mechanics Lien 

Once the mechanics lien form is prepared, you must file it with the county clerk’s office in the county where the property is located. You will also need to serve a copy of the mechanics lien on the property owner, general contractor, and any other relevant parties involved in the project. 

Additionally, you are required to submit an Affidavit of Service as proof that you have notified the property owner about the lien. If you have served a copy of the lien to the property owner prior to recording it, you have the option to file the Affidavit of Service simultaneously with the lien submission. 

Step 5: Enforce the Mechanics Lien 

After filing the mechanics lien, you will need to take steps to enforce it within a certain timeframe. In New York, you may need to initiate a lawsuit to foreclose on the mechanics lien within one year of filing it. If the property owner still does not pay, the court may order the sale of the property to satisfy the debt. 

Public Improvement Lien in New York 

In addition to mechanics liens, contractors and suppliers in New York may also have the option to file a Public Improvement Lien for work done on public projects. It is similar to a mechanics lien but applies specifically to projects funded by government entities or public agencies. In such cases, you need to mail your completed Public Improvement Lien form to the NYC Department of Finance. 

Conclusion 

Mechanic’s lien filing in New York can be a complex process, but it is an important tool to ensure that you get paid for the work you have done. It’s essential to follow the necessary steps carefully and seek legal advice if needed to protect your rights and secure the payment you deserve.  

By understanding the process and requirements for filing a mechanics lien, contractors, subcontractors, and suppliers can protect their interests in construction projects and avoid financial losses.