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Can I file a mechanics lien

New YorkConstruction Contract

I had a 6 mos contract Dec 1 2021 to May 31st with the homeowners to oversee there renovation. The first GC hired was stealing so I had to fire him and remove him from the permit in March so we lost a months time in finding a new GC which I found May 5th start date with a July estimated completion. The GC kept delaying and we just finished in November. I sent the client the final invoice for the 6 mos 45k and included an additional 45k for the following 6 mos. They said that the 45k was for the entire job I have not received payment since April 25k.. can I file a mechanics lien

2 replies

Dec 12, 2022

The time to file a mechanic's lien on a single family home is four months from the date of your last substantive work or materials provided (going back to do a punchlist doesn't count). So, the date of your contract is not determinative. However, the terms of your contract will be, i.e.: whether the contract provides for $45k for each 6 month period of time, or whether it provides for $45k for the project, which was anticipated to last 6 months. If it is the first situation, then you can bill for the $45k. If it is the latter, then you may have capped your compensation at the $45k. Further, you mention firing a GC that stole money. If that GC was retained by you, then you may have some responsibility to make good on that theft (and you can go after that GC for the funds). 

At the risk of sounding self-serving, I would recommend you call an experienced construction attorney to discuss your entire situation. It doesn't sound as simple as slapping a mechanic's lien on the property. 

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Dec 13, 2022
Yes you could have filed a lien, but on single family homes there is a 4 month deadline. So unless you were on the project within 4 months, the time has expired.
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