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Does ths situation call for a lien

New YorkMechanics LienNotice of Intent to LienRight to Lien

good morning! I am a carpentry contractor in New York City. We were called in on a job back in May of 2019 to take over for a failed subcontractor. We agreed to a man day price of 75hr per man. Daily tickets needed to be signed and confirmed with the superintendent which we did. We were issued an initial PO for 75K. Based on the daily manpower we quickly exceeded that amount. Cutting to the chase, our last day on the job was July 3, 2019, the total amount invoiced was 300k, we received a payment in may for 50k and since then have not received payment. Majority of the work was performed in June and based on the way the requisition process goes we should have been paid in early September. We were told the owner shorted them payment and we signed a partial lien waiver for a smaller amount of 67k, That payment didn't come through and we were told that based on the PO's we could only be paid 25k on this next requisition. We signed the partial lien waiver for that amount with payment for that amount supposed to be next week. We still don't have any answers on remaining payment. We have reached out daily with little to no communication. Need a little advice on how to proceed. I don't want our lien rights to expire and am looking for the fastest way to get paid.

2 replies

Sep 30, 2019
When unpaid for construction work in New York, leveraging mechanics lien rights can go a long way toward speeding up payment. Though, as you mentioned above, there are some other considerations that will come into play. Lien waivers First, it's important to establish whether the lien waivers given were conditional or unconditional. If unconditional lien waivers have been submitted, then the only amounts subject to a mechanics lien will be those amounts that have not yet been waived by the would-be lien claimant. But, if the waivers given were conditional lien waivers, typically, lien rights would remain intact - regardless of what's been "waived." More on the difference between conditional and unconditional waivers here: Unconditional Lien Waivers vs Conditional Lien Waivers. New York's mechanics lien deadline If some or all lien rights are available, it's important to keep an eye on the mechanics lien deadline. In New York, the deadline to file a mechanics lien will usually be 8 months from the completion of the claimant's work or their last furnishing date. That's shortened to 4 months after last furnishing for single-family residential projects. Recovery options before filing a lien Even in a situation where a mechanics lien might be a valid option, it can be helpful to try and resolve a dispute before it comes down to a lien filing. After all, nobody likes mechanics liens, and liens can sprawl into a larger dispute. Certainly, a mechanics lien filing is one of the strongest tools available, but sometimes a softer touch might also get the job done. Sending a demand letter will often get things moving in the right direction. A demand letter lets the recipient know you're serious about payment recovery and that, if necessary, formal recovery processes will be initiated. More on that here: Demand Letters for Contractors – How To Write One That Gets You Paid. Escalating things a step further, with a document like a Notice of Intent to Lien, can help speed up payment without needing a lien claim, too. A Notice of Intent to Lien acts like a warning shot - it notifies recipients that, if payment isn't made and made soon, a mechanics lien filing is coming. Considering the drastic nature of mechanics lien claims, sending a Notice of Intent to a customer, the prime contractor, and the property owner will usually make the issue known and can get payment talks moving. More on that here: What Is a Notice of Intent to Lien and Should You Send One? Filing a New York mechanics lien If you decide that a mechanics lien filing is appropriate, Levelset has some resources that can help: New York Mechanics Lien Guide and Frequently Asked Questions How to File a New York Mechanics Lien – Step By Step Guide
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May 15, 2020
I can help you. You can call me at: 973-738-0541 if you wish.
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