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CanI file a lien?

I'm a contractor and I started working on customers home renovation project back in February of this year. Sadly I'm a bit old school and it was for a friend of a friend. As a result it was a verbal contract as well as through texts. The project entailed more work than originally was requested and the customers' designer often made changes to the plan by adding additional work or changing materials. There have been significant delays in the materials like doors and tiles. Almost 2 months ago the customer stopped making payments. We then met with the designer and home owner and set up a scheduled payments. The customer again with in the last month has not paid for materials or labor, and has said he will not pay me. I'm owed north of $10,000. What are my chances of successfully applying a lien on the property.

1 reply

Jul 8, 2020

New York contractors are generally entitled to file mechanics liens if they've gone unpaid for their work. This is generally true even if a written contract wasn't signed as long as the agreement for the work and price for that work can be reasonably ascertained and proven. Granted, that can be an uphill battle. Plus, New York does have home improvement contract requirements which can complicate matters. Still, it's possible a lien claim could be effective. Before opting to file a lien claim, though, it might be useful to threaten a mechanics lien by sending a Notice of Intent to Lien. A Notice of Intent to Lien lets the owner and their designer know that a lien will be filed if they fail or refuse to make payment. And, when a mechanics lien is on the horizon, they might be more willing to pay or at least set up some sort of payment plan. Additionally, or alternatively, threatening legal action via a payment demand letter could be useful, too. For more discussion on New York liens: New York Mechanics Lien Guide and FAQs.

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