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Commonly Asked Questions about Mechanic's Lien Affidavit

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.
The mechanics lien remains valid for one year provided the affidavit of service of lien is properly completed and filed. The one year time period is measured from filing in the County Clerks Office. Filing a NYS Mechanic Lien - Hinman, Howard Kattell, LLP hhk.com publication-construction-mecha hhk.com publication-construction-mecha
Record the Mechanics Lien, Required Notice of Lien, and Proof of Service Affidavit at the Recorders Office. The Recorders Office charges a recording fee (currently $20/first page plus $3 for additional pages in Sacramento). Current fees are available on the County Clerk/Recorders website at Fee Schedule. Mechanics Liens: Placing and Releasing Contractors Claims saclaw.org resourcelibrary mechanics-liens-pl saclaw.org resourcelibrary mechanics-liens-pl
To file a notice of lien, you must complete the Public Improvement Lien Form. You must also sign and docHub both the Lien Form and the Affidavit of Service. You can submit everything to DOF by mail or in person.
8 months 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. New York Mechanics Lien Basics - Nappi Klozow, LLP Nappi Klozow, LLP blog new-york-mechanics-lien Nappi Klozow, LLP blog new-york-mechanics-lien
The mechanics lien remains valid for one year provided the affidavit of service of lien is properly completed and filed. The one year time period is measured from filing in the County Clerks Office.
You wont be able to approach the clerk directly to contest the lien. If you believe the amount is inflated, generally the only avenue is to raise this dispute within the context of a lien foreclosure action initiated by the sub. You can either wait for them to start the case, or serve a demand to foreclose.
10 years In New York, a judgment lien will only remain attached to the property for 10 years. If the judgment is not paid by the end of the 10-year period, your client can seek a renewal judgment on the lien that would extend it for one additional 10-year period. Judgments as Liens on Real Property: How Does Your Client Get Katz Melinger PLLC blog 2023/01 judgments- Katz Melinger PLLC blog 2023/01 judgments-