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can i file a lien when i couldnt pay my men & vendors due to lack of payment from gc the gc

New YorkBack Charges
Anonymous Subcontractor

I supplied & install materials but then couldn't pay my vendors or workers because the gc didn't pay me and excessively back-charged me for work that i didn't do because they didn't pay me

6 replies

Dec 11, 2020
If you supplied labor or materials to a project in New York and you are still within your lien window then you can file a mechanic's lien for unpaid sums. If there are back charges be careful and aware of the penalties for a willfully exaggerated lien under Section 39 and 39-a of the Lien Law.
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If you performed your last work less than 8 months ago (or 4 months for a single family home), then you are within your window to file a mechanic's lien.

This response is supplied for informational purposes only and it is not intended to constitute legal advice. You should consult competent legal counsel
depending on the specific issues of your matter. See More...
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Anonymous Subcontractor
Question Author
Jan 2, 2021

How do I fight against back charges that are excessive and or not 

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Anonymous Subcontractor
Question Author
Jan 2, 2021

How do I fight against back charges that are excessive and or not legitimate?

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Typically, that fight is done in the context of the lien foreclosure action. The backcharges will be raised as defenses to the lien, and they will be fought over during the lawsuit. 

This response is supplied for informational purposes only and it is not intended to constitute legal advice. You should consult competent legal counsel
depending on the specific issues of your matter. See More...
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Benjamin Marshal
Developer at Boostin
Dec 14, 2022

How about this https://studymoose.com ?

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