a subcontractor hired a sub-subcontractor and he has not been paid. Can the sub-subcontractor file a lien?
Feb 21, 2019
The New York lien statute protects a broad scope of individuals. It states that lien rights are available to "every contractor, subcontractor, laborer, materialman... who perform labor or furnishes materials for the improvement of real property." The statute grants practically everyone on the project lien rights. Even lower-tier subcontractors! Check out this article on How to File a New York Mechanics Lien. A quick side note about timing. First of all, a preliminary notice is not required. There are however tricky deadlines in New York. But generally speaking, a lien must be filed within eight months of the last day of furnishing labor/materials. One exception, if the improvement is a single-family residential project, then the claimant has four months to file their claim. For more information on mechanics liens in NY, visit zlien's New York FAQs page.
Post a question in our community to get free advice from Construction Attorneys in your state, typically within a week. Questions are public, so do not share personal information. For extra privacy, select the anonymous option.