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Commonly Asked Questions about New York Construction Liens

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. Learn more about the Manhattan Business Center.
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.
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 A SECTION 13 TRUST FUND? At its core, the Section 13 Trust Fund is a covenant that a borrower makes in a mortgage an agreement to receive loan advances in trust, and to apply those advances to the payment of the cost of improvement before using any part of those funds for any other purpose.
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
A Notice of Mechanics Lien may be filed against a property for non payment of funds, for work performed or materials furnished. Liens must include the propertys block and lot numbers. Mechanics Lien must comply with all requirements found in sections 9 and 10 of the New York State Lien Law.
To conduct a New York property lien search by address: Visit or contact any of the following entities in person or through their websites: The county clerks office or website. The tax assessors office or website.