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Can we file lawsuit instead of a lien, since statute of limitations for lien has expired?

New YorkLawsuit

Our residential project in New York, looks like we cannot lien, since it's been more than 4-months since we last performed work. Can we instead file a lawsuit?

1 reply

Apr 7, 2020

On single-family residential projects in New York, a claimant must file their lien within 4 months from last furnishing labor or materials to the project. Note, however, that if the residence is not a single-family residence, but a multiple-family dwelling, the longer time limit applies. Once the deadline has passed, an enforceable lien cannot be filed, but there are still other options. The time period in which a lawsuit may be filed is considerably longer - in NY, a claim for breach of contract can be made within 6 years from the time of the breach. While a breach of contract lawsuit may be made against only the party with whom the claimant contracted, filing a lawsuit can be a good option to recover the amounts due. In addition, there may be additional causes of action that could be included in a potential lawsuit. A local attorney could take a look and help you chart a path to recovery.

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