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Do you help homeowners fight mechanical liens?

New YorkMechanics Lien
Anonymous Contractor

I hired a contractor to rebuild a home that was totally destroyed by fire. The costs were covered by my insurance. The contractor has been paid, but yet has not completed the job. On top of this he sent me a mechanical lien tor $16000, with explanation for what the amount is for. The lien says the job cost was $331,000 but lien says it is for $335,000 (numbers are rounded down) What can I do to fight this.

2 replies

Dec 9, 2020
New York allows you to force a lienor to "itemize" its mechanic's lien and break down labor and material line item costs. This requirement is found in Section 38 of the Lien Law. Failure to properly itemize can ultimately lead to the dismissal of the lien.
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You can demand a verified statement of lien. Also, if the lien is genuinely overstated, you can also consider serving a demand to foreclose the lien. If the contractor does commence the foreclosure action, you can assert a counterclaim based on the exaggerated lien (where you can recover your attorney's fees, any costs to discharge the lien, and the amount of the exaggeration itself).

This response is supplied for informational purposes only and it is not intended to constitute legal advice. You should consult competent legal counsel
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