New York Mechanics Lien Form
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Get help filing your New York Mechanics Lien
Complete the form to download your New York mechanics lien form. Use this to easily file a lien with a New York county clerk office.
Contractors, suppliers, and others that work in the construction industry have the right to file a mechanics lien if they do not receive payment. Unpaid construction parties can use this form to file a New York mechanics lien.
Not sure where to start? Read the step-by-step guide to filing a mechanics lien in New York.
Information required on the NY mechanics lien form
The following is taken directly from the New York mechanics lien statute regarding what needs to be included in the lien claim. Make sure you have this information when filling out this notice of lien. Missing or incorrect information may result in an invalid lien.
The notice of lien shall state:
1. The name and residence of the lienor; and if the lienor is a partnership or a corporation, the business address of such firm, or corporation, the names of partners and principal place of business, and if a foreign corporation, its principal place of business within the state.
1-a. The name and address of the lienor’s attorney, if any.
2. The name of the owner of the real property against whose interest therein a lien is claimed, and the interest of the owner as far as known to the lienor.
3. The name of the person by whom the lienor was employed, or to whom he furnished or is to furnish materials; or, if the lienor is a contractor or subcontractor, the person with whom the contract was made.
4. The labor performed or materials furnished and the agreed price or value thereof, or materials actually manufactured for but not delivered to the real property and the agreed price or value thereof.
5. The amount unpaid to the lienor for such labor or materials.
6. The time when the first and last items of work were performed and materials were furnished.
7. The property subject to the lien, with a description thereof sufficient for identification; and if in a city or village, its location by street and number, if known. A failure to state the name of the true owner or contractor, or a misdescription of the true owner, shall not affect the validity of the lien. The notice must be verified by the lienor or his agent, to the effect that the statements therein contained are true to his knowledge except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.
Once the mechanics lien form is complete, the state of New York requires that the lien is notarized in order to be valid.
The lien claim amount should be limited to the amount of unpaid labor, material, and equipment supplied to the project. Indirect or consequential damages are not allowed in New York. However, extra charges and change orders agreed to by the property owner may be included in the lien claim.
Pro tip: A copy of the lien must also be served on the property owner and anyone above the claimant in the contracting chain within 30 days of filing, and proof of delivery must be filed.
Rules and regulations for sending a New York Mechanics Lien
In NY, a claimant typically has 8 months from the last furnishing of labor and/or materials to file a mechanic's lien. This deadline marks the expiration of that period and its time to file a mechanics lien. (There is an exception for single family residential projects, where the deadline is decreased to 4 months). Remember that the property owner and all parties above you in the chain of contracts must be served with a copy of the lien within 30 days of its filing, and that proof of service must be filed with the county recorder.
After completing the New York Mechanics Lien Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
Others are asking about New York Mechanics Lien
mechanics lien - window to file
If you supplied your materials for a single family home project, then no. However, if it was a larger or a commercial project, then perhaps. You have eight months from the date on which you supplied your last materials to such a project to file the lien. If you do have any time left in this window, it sounds like it's only going to be a matter of days.
How to contest an invalid claim of mechanics lien in New York
A proceeding to discharge an invalid lien is limited to whether there are any facial defects with the lien (it was filed after the 8 month deadline, or it does not contain the information required by Section 9 of the Lien Law). If the challenge to the lien is substantive (i.e.: the contractor is not owed the money), then you must wait for the foreclosure action to defend against the claim on those grounds. The clerk ( the court) is not going to have the power to discharge the lien simply because you contest what's owed (that's what the foreclosure action is for). If you are anxious to have that fight sooner rather than later, you can serve a demand that the lienor foreclosure on the lien. If the lienor does not do so within 30 days, the lien is subject to being vacated. If you don't want to go that route but still want to discharge the lien, you can always obtain a lien discharge bond, or deposit money into court.
Enforcement of lien
Assuming your company filed the lien, you'll need an attorney to commence a foreclosure action in court, because corporate entities cannot appear in court without counsel. Also, from a practical perspective, lien foreclosure litigation is very technical, so working with counsel is preferable in any event.
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Other forms to use in New York
New York County Recorders
Looking to file/record a mechanics lien in New York? You'll need to get your New York mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in New York. Click on any county to find more information about how to get your lien recorded in that county.
Albany
16 Eagle Street
Albany, New York, 12207
Phone: (518) 487-5100
Fax:
Bronx
83030 Third Avenue, 2nd Floor
Bronx, NY 10455
Phone: (718) 618-3300
Broome
Edwin L. Crawford County Office Building 60 Hawley St
Binghamton, New York, 13902
Phone: 607.778.2255
Fax: 607.778.2243
Cattaraugus
303 Court Street
Little Valley, New York, 14755
Phone: (716) 938-9111, press 3 then 3 again
Fax:
Chautauqua
1 North Erie Street, PO Box 170
Mayville, New York, 14757
Phone: 716-753-4331
Fax: 716-753-4293
Chemung
210 Lake Street
Elmira, New York, 14902-0588
Phone: (607) 737-2920
Fax: (607) 737-2897
Columbia
560 Warren Street
Hudson, New York, 12534
Phone: 518-828-3339
Fax:
Delaware
3 Court Street
Delhi, New York, 13753
Phone: 607-746-2123
Fax:
Dutchess
22 Market St
Poughkeepsie, New York, 12601
Phone: (845) 486-2120 ext: 2134
Fax: (845) 486-2138
Erie
92 Franklin St
Buffalo, New York, 14202
Phone: 716-858-8865 ext7766 OR 716-858-8797
Fax: 716-858-6550
Essex
7559 Court Street, P.O. Box 247
Elizabethtown, New York, 12932
Phone: (518) 873-3600
Fax: (518) 873-3548
Fulton
223 West Main Street
Johnstown, New York, 12095
Phone: (518) 736-5555
Fax:
Greene
411 Main St .
Catskill, New York, 12414
Phone: (518) 719-3255
Fax: (518) 719-3284
Jefferson
175 Arsenal Street Attn: Court Records
Watertown, New York, 13601
Phone: (315)785-5149
Fax:
Lewis
7660 State Street
Lowville, New York, 13367
Phone: 315-376-5333
Fax:
Madison
138 N Court St, Building 4
Wampsville, New York, 13163
Phone: (315) 366-2261
Fax:
Manhattan
60 Centre Street, Docket Section, Room 109B - SEND FED EX there and back and its quicker
New York,, New York, 10007
Phone: 646-386-5955 press 4;
Fax:
Monroe
101 County Office Building - 39 W. Main St.
Rochester, New York, 14614
Phone: 585 753-1600
Fax: 585 753-1624
Nassau
240 Old Country Road Room 108A
Mineola, New York, 11501
Phone: (516) 571-5839
New York
60 Centre Street Room 109B,
New York, NY 10007
Phone: 646-386-5955
Niagara
Niagara County Courthouse
Lockport, New York, 14095-0461
Phone: (716) 439-7022
Fax: (716) 439-7035
Onondaga
401 Montgomery St, Room 200
Syracuse, New York, 13202-2568
Phone: (315) 435-2227
Fax: (315) 435-3455
Ontario
20 Ontario Street
Canandaigua, New York, 14424
Phone: (585) 396-4200
Fax:
Orange
4 Glenmere Cove Rd
Goshen, New York, 10921
Phone: 845-291-3064
Fax:
Oswego
46 East Bridge Street
Oswego, New York, 13126
Phone: 315-349-8621
Fax:
Otsego
197 Main St #1
Cooperstown, New York, 13326
Phone: 607-547-4276
Fax: 607-547-7544
Putnam
40 Gleneida Avenue, Room 100
Carmel, New York, 10512
Phone: (845) 808-1142 ext 3
Fax:
Rensselaer
105 Third Street
Troy, New York, 12180
Phone: (518) 270-4080
Fax: (518) 271-7998
Richmond
130 Stuyvesant Place - 1st Floor
Staten Island, New York, 10301
Phone: (718) 675-7700
Fax:
Rockland
1 South Main Street, Suite 100
New City, New York, 10956-3549
Phone: (845) 638-5070
Fax: (845) 638-5647
Saratoga
40 McMaster Street
Ballston Spa, New York, 12020
Phone: (518)885-2213 ext 4323
Fax:
Schenectady
620 State Street, Attn: Manager’s Office
Schenectady, New York, 12305
Phone: 518-388-4220
Fax: 518-388-4224
Schoharie
284 Main Street
Schoharie, New York, 12157
Phone: 518-295-8316
St. Lawrence
Building #2 48 Court Street
Canton, New York, 13617
Phone: 315-379-2237
Fax: 315-379-2302
Steuben
3 East Pulteney Square
Bath, New York, 14810
Phone: (607) 664-2563
Fax:
Sullivan
100 North Street
Monticello, New York, 12701-5012
Phone: (845) 807-0411
Fax: (845) 807-0434
Tioga
16 Court Street PO Box 307
Owego, New York, 13827
Phone: 607-687-8660
Fax: 607-687-8686
Tompkins
320 N. Tioga St
Ithaca, New York, 14850
Phone: (607) 274-5431
Fax:
Ulster
Ulster County Office Building, 244 Fair Street
Kingston, New York, 12401
Phone: (845) 340-3288
Warren
Warren County Municipal Center 1340 State Route 9
Lake George, New York, 12845
Phone: (518) 761-6429
Fax:
Washington
383 Broadway
Fort Edward, New York, 12828
Phone: (518) 746-2170
Fax: (518) 746-2177
Wayne
9 Pearl St. PO Box 608
Lyons, New York, 14489
Phone: 315-946-7470
Fax: 315-946-5978
Westchester
110 Dr. Martin Luther King Jr. Blvd
White Plains, New York, 10601
Phone: (914) 995-3070
Fax: