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Can we file a lien for windows that have been built but not yet installed?

We are a window manufacturer and installer in New York City. For one of our projects we have already manufactured numerous large windows. We have been waiting since last Fall to get the green light from the building owner to install them. Even though we have not yet installed the windows can we file a lien? If so would the lien be for the entire contract amount? Or just for the value of the materials to be installed?

1 reply

Jun 3, 2020

Under New York law, you should be able to file a claim of lien for specially manufactured windows even if they have not yet been incorporated into the Project. The New York mechanics lien law provides that "materials actually manufactured for but not delivered to the real property, shall also be deemed to be materials furnished.” You should consult your counsel to obtain assistance in protecting your rights. You might want to review the following on the Levelset website: https://www.levelset.com/blog/how-to-file-mechanics-lien-new-york/

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