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Can a notice of intent to lien be sent via e-mail in New York State?

New York

My contractor is threatening to lien over a bill that is less than 5 days old. 1- Our contract stipulates that if there are differences we must go to arbitration. He is bypassing that. 2- I am withholding funds because I paid in full for a specific part of the work that has not been completed. I have informed the contractor that I will pay my bill in full when he completes the unfinished work that has already been paid for. He refuses.

2 replies

Jun 3, 2022
Regardless of arbitration, the contractor can still lien, the State Court Action would be stayed and the dispute would be resolved at arbitration with the lien acting as security for the award. Please make sure to cover yourself in writing, cite to specific provisions within the contract, otherwise you very well may need a construction lawyer to do some letter writing for you.
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Jun 3, 2022
One more thing, I did not see the "email portion" above. Service must be effectuated pursuant to statute, "threatening via email" means nothing, what matters is filing the lien with the County Clerk and then properly effectuating service thereafter.
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