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Extend deadline to file the lien

New YorkCollectionsConstruction ContractLien DeadlinesMechanics LienNotice of Completion

Hello, We are subcontractors, hired by General Contractor. The project was finished on January 16, 2020. Back in August, we started to chase GC for payment, knowing the 8-month rule. They have been sending some payments, and in a mid of Sept they promised to make a final payment in 3 weeks. The owner of the company accepted their word, however, they sent only 1/2 of the payment. Is there any possibility to file the lien based on the above circumstances?

3 replies

Oct 23, 2020

I have the questions I review filtered to California only, and am confused by the "8-month rule" you mentioned. In California, lien claimants who are subcontractors have only 30 days to record a lien after the owner or prime contractor records a notice of completion; if no notice of completion is served, the subcontract still only has 90 days to record a lien. 

It's also unclear from your question whether the entire project was finished in January, or just your scope. If the project continued after your scope, and was only completed within the past 90 days, you may still have lien rights. Here though, it appears that your lien rights have likely expired, however, you may still file a lawsuit for breach of contract against the prime contractor for up to four years after the payment was due. For this, I would recommend you retain a qualified construction attorney licensed in California. 

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Oct 23, 2020
My apologies, we are in New York and here we have a statute of limitation when a lien must be filed within 8 months after the last date labor or materials were furnished for the project or the completion of the contract. We finished our scope, and we don't know when the entire project was completed. However, we are finish trade (Glass), so in general, we are always at the end of the project.
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Oct 23, 2020

Thank you for the response, apologies for the confusion.

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