New York Extension for Mechanics Lien Form

Especially if the work is residential, you may run into some trouble without a license, as there are often special requirements including contractual requirements as well. If it's commerical, you may still run into problems, but it's generally not as big of a deal since you're a subcontractor. Remember that it doesnt have to be a formal "signed contract;" if you submitted a proposal and began working without objection from the contractor then you likely have a contract. Lastly, please realize that you could have a breach of contract claim against the contractor, and not just lien rights. This is a tricky issue, be careful. 

Mechanic's liens are always filed as a lien against the "real property" (i.e. the building) as security which is why a mechanic's lien foreclosure lawsuit names the Owner as a party defendant. In other words, if you cannot collect against the contractor, subcontrator (or owner as the case may be) for breach of contract, you can foreclose on the property. Residential liens are good for four months from the last date of furnishing labor, materials or equipment and commercial is eight months. If you need an experienced construction lawyer, or simply to just properly have a lien filed, please feel free to reach out. 

The trade-off for a stranger to a property to be able to file a mechanic's lien directly against the property is that the owner cannot be made to pay for the same work twice. Since the contract balance has been fully paid to the general contractor, there is no lien fund, and no recovery can be had on the lien. While the subcontractor can file the lien and get a stamp from the County Clerk, that's all the subcontractor will have, and it will not be able to recover on the lien.

As a practical matter (and hopefully this subcontractor is represented by counsel who would understand the lien fund defense), offer to provide the subcontractor copies of the GC's final payment requisition, and copies of all payments totaling the adjusted contract sum. Then, you can explain that while you feel for the subcontractor and the situtation that they're now in, since the GC has been fully paid filing the mechanic's lien would be futile. You can also mention that since the GC has obviously been paid for that subcontractor's work, it seems that in addition to a simple breach of contract by the GC there may have been a diversion of statutory trust funds committed by one of the GC's principals, and that may permit personal liability.