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Define the 8 month limit in terms of service provided.

Can a scaffolding company that supplied the job file a mechanics lien 9 months after installation? Of the Scaffolds are still on the job and charging for monthly rental? Is the 8 month limit after completing the installation or after removing all material fr ok m the site?

1 reply

Dec 9, 2019

Generally, the "last furnishing date" for equipment renters will be the last date on which their material or equipment was physically at the project, being rented. As long as material, equipment, or whatever other lienable work is being performed and as long as the project is ongoing, the deadline clock has likely not even begun to tick. Ultimately, the deadline to file a New York mechanics lien based on equipment supply would typically be 8 months from the completion of the contract or final furnishing of the work which gives rise to lien rights. The first furnishing date shouldn't have all that much impact on the lien deadline, itself. For more on filing a New York mechanics lien claim: How to File a New York Mechanics Lien – Step By Step Guide to Get You Paid.

Recovering payment without filing a mechanics lien

It's also worth noting that mechanics liens are typically considered the nuclear option - and utilizing some other payment recovery tools before proceeding with a lien claim can force payment without the headache or hurt feelings that lien claims can bring.

Invoice reminders

Often, something as simple as an invoice reminder will be enough to force payment. A gentle nudge in the right direction may well be enough to get paid. And, the option of escalating the dispute is still on the table. More on that here: How Invoice Reminders Help Contractors Get Paid Faster.

Demand letters

Sending a payment demand letter can effectively raise the stakes while also refraining from making a lien claim or lawsuit. Sending a demand letter which includes specific legal warnings can go a long way toward getting paid.

Notice of Intent to Lien

Before actually pursuing a lien filing, escalating matters with the threat of lien can be really effective, too. By sending a document like a Notice of Intent to Lien, a claimant can show their customer and the property owner that they're serious about getting paid and willing to do whatever it takes to get what they're owed. Plus, considering the drastic nature of mechanics lien claims, the threat of a lien claim can't be taken lightly by the owner - and they may end up putting additional pressure on the customer to make payment. More on Notices of Intent to Lien here: What Is a Notice of Intent to Lien and Should You Send One?

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