Mathew Paulose Jr. is an attorney with offices in Bronxville, NY, located in Westchester County. He represents contractors, subcontractors, and home owners in all litigation matters. He has more than 20 years of experience. He is AV rated, a 2020 Top Rated Lawyer, and a New York Metro Super Lawyer. He chats freely with potential clients. Call him today. More...
Greetings. You appear to want to know how to get your deposited money back from an expired substituted-lien. To get money back from an expired substituted-lien, the depositor must obtain an Order of Surrender to the Clerk from any court having jurisdiction over the parties. To get that Order, a petition with the court must be filed. Please be mindful that while the depositor will get the money back, he will wake up the recalcitrant lien holder, who See More...See More...
Greetings. It appears you would like to file a mechanic's lien in New York on a New York project. There are many types of lien forms that one can find on the internet. It is best to have a professional lien service provider or an attorney draft and file the lien. That way, not only would one sufficiently protect the work they did on the project and the amounts owed, but one would not expose themselves to counterclaims, such as an exaggerated lien claim. PleaseSee More...See More...
Greetings. It appears you would like to know whether you can proceed pro se with a lien you had filed. Proceeding pro se in a lien matter, indeed any matter, is not recommended. As one authority has said, lien foreclosure trials are "like any other trial: the same rules regarding discovery and evidence apply; there are pretrial, trial, and post trial motions, interim hearings, testimony, and findings and judgments. Each party has to prove the allegations that maSee More...See More...
Greetings. You appear to want to know why a bill of quantities would not be optional in certain contracts. In New York, a BOQ may not be optional because you are at the bidding stage and the BOQ may be required for the developer or other purchaser of your services to determine who to award the project. If you are beyond the bidding stage and are at the contract stage, then the BOQ fixes the prices under the contract (if a fixed or firm BOQ rather thSee More...See More...
Greetings. It appears you would like to file a lien for work performed on a condominium. Generally, there can be no lien filed against a condominium's common elements once a condominium declaration has been filed. The lien may only be filed against the units. Work done on the common elements however may still be collected from the common charges as trust funds held for payment. The bankruptcy of a general contractor should not preSee More...See More...