Liens and Construction Law

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Commonly Asked Questions about Liens and Construction Law

Can you sell a house with a lien on it in NY?

Homeowners can sell properties with liens. For a buyer to take possession of the property, the seller will need to clear title and satisfy all outstanding liens.

What is the lien law in NY?

Last updated July 24, 2024. If contractors and suppliers dont get paid on a construction project in New York, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property.

What is the lien law 34 in NY?

New York Lien Law Section 34 is clear that any contract, agreement or understanding whereby the right to file or enforce any [mechanics] lien is waived, shall be void as against public policy and unenforceable. Therefore, it is prudent for co-op boards to instead include requirements in their alteration agreements

What is Section 13 of the lien law in NY?

Section 13(3) and Article 3-A of the Lien Law provide contractors trust fund protection, wherein the owner of the project (i.e., the borrower) is designated as a statutory trustee responsible for the proper application and disbursement of building loan funds available for payment of project costs.

How long do I have to file a lien in NY?

A mechanics lien can be filed during the course of a construction project when payment becomes due, or it can be filed after the project is completed. However, it must be filed no later than 8 months from the last day that the party asserting the lien (the lienor) performed work or furnished materials for the project.

What is the priority of liens in NYS?

Under New York law, the general rule is that liens have priority in the order that they are recorded first in the public land records which is known as the first in time, first in right rule, but there are many exceptions to the general rule.