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Can we still file a mechanics lien?

New York

What can we do about this situation? It looks like we missed a deadline. We are a material supplier based in Orange County, New York. The contractor purchased material from us who also resides in the same county. He purchased this material from us and drove it down to SC to build a house for his customer (residential). The customer has now lost his job and is not paying the contractor who in turn cannot pay us, the supplier. First date of service was 4/1/21 last date of service was 5/21/21.

2 replies

Sep 7, 2021
interestingly, since the materials were reshipped for use to SC, your lien rights may have been limited. You should talk to a lawyer, you have 2 weeks of time left if there are lien rights at all.
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Sep 14, 2021

It doesn't appear that there is any improved property in NY, so there are no lien rights here. I'm not admitted in South Carolina, but Google, Esq., seems to indicate that the SC deadline is 90 days. You may want to reach out to South Carolina counsel to confirm whether you may have rights down there, but it appears there is no lien remedy for you here. That being said, there's always a breach of contract action available, and it would be proper in Orange County. My office serves the Mid-Hudson region, so if you're interested in pursuing please feel free to reach out to me. 

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