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Can two companies file a joint mechanics lien in NY? Must they file separate liens?

New YorkMechanics Lien

I received a notice of mechanics lien against my property that lists both the contractor and his sub as lienors.

1 reply

Mar 7, 2020

Good morning- Correct, technically each lien should be filed on behalf of the one entity claiming non-payment. Without seeing the Notice of Lien or knowing more facts, it is unclear if the claim is really that of the general contractor on behalf of a subcontractor, which has rights derivatively through the general contractor. If the amount of the lien is for the non-payment to the general contractor for that subcontractor’s work (and is not double-dipping), then the addition of the subcontractor may be superfluous. In other words, the lien should not be for a sum greater than the sum earned and unpaid on the subcontract between the subcontractor and general contractor at the time of filing the notice of lien. If, however, at the time of filing the owner does not owe any money to the general contractor based on the primary contract (or if the owner did not consent to this subcontractor’s work, and then subcontractor set up this lien adding the general contractor in order to circumvent that limitation), then that is a different story.

I will be in the office on Monday if you would like to reach out to me and discuss.

-Virginia   vtrunkes@rc.com

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