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Does having a payment agreement in writing lengthen the lien period? Similarly do head checks?

New YorkLien Deadlines

Our form is owed funds by a GC. Latest we can bring a lien would be mid Feb 2020. They have just notified us that we should receive payment in March or April.

1 reply

Jan 24, 2020
The deadline for filing a New York mechanics lien will not be extended simply because the contract for work is in writing. Ultimately, New York's mechanics lien deadline is firm - and there isn't really a way to extend the deadline for filing a lien (though, the deadline for enforcing a filed lien can be extended in New York). However, if payment is expected outside of the mechanics lien timeframe, there are some options for securing payment if the GC is willing to play ball in order to avoid a lien claim against the project. Entering into a promissory note with a GC or a personal guarantee could secure payment without the relatively short timeline for filing a lien claim, among some other options. Levelset discusses that in further detail here: Don’t Want to File a Mechanics Lien? Here Are 5 Other Options. While it may be an uncomfortable conversation, when payment is expected after the deadline to file a lien has passed, then it's probably a good idea to discuss the matter with the GC in order to find a way to secure payment rights without the need for a mechanics lien claim. For more information on New York lien law: (1) New York Mechanics Lien Guide and FAQs; and (2) How to File a New York Mechanics Lien – Step By Step Guide to Get You Paid.
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