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can i file a mechanic lein on property

New YorkMechanics Lien

hi am thinking about filing a lien on property which i surplied both material and labor and i stayed their at the time can i file a lien to recope my cost also bought verious things for this home can i do this

1 reply

Jul 1, 2021

You can file a lien to recover the "cost of improvement" to the property, which is defined under the Lien Law as:

  • the demolition, erection, alteration or repair of any structure upon, connected with, or beneath the surface of, any real property, and any work done upon such property or materials furnished for its permanent improvement;
  • any work done or materials furnished in equipping any such structure with any chandeliers, brackets or other fixtures or apparatus for supplying gas or electric light;
  • the drawing, by any architect or engineer or surveyor, of any plans or specifications or survey, which are prepared for or used in connection with such improvement;
  • the value of materials actually manufactured for, but not delivered to the real property;
  • the reasonable rental value for the period of actual use of machinery, tools and equipment;
  • the value of compressed gases furnished for welding or cutting in connection with the demolition, erection, alteration or repair of any real property,
  • the value of fuel and lubricants consumed by machinery operating on the improvement, or by motor vehicles owned, operated or controlled by the owner, or a contractor or subcontractor while engaged exclusively in the transportation of materials to or from the improvement for the purposes thereof; and
  • the performance of real estate brokerage services in obtaining a lessee for a term of more than three years of all or any part of real property to be used for other than residential purposes, pursuant to a written contract of brokerage employment or compensation. 

If what you did to the property doesn't fit into any of those categories, you cannot assert a mechanic's lien. Further, if this is a single family home, you must file your lien within 4 months of your last contractual work on the property; if it's not, you have 8 months. 

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