How much time is allowed from completion of job to be able to file a lein for Non payment

7 months ago

The GC has stalled paying for the balance on this project which was invoiced on 9/9/19

Senior Legal Associate Levelset
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The deadline to file a New York mechanics lien is typically 8 months after the completion of the project or the last furnishing of labor or materials. But, if the work was done at a single-family residence, that deadline shortens from 8 months to 4 months. You can find further discussion here: When is the deadline to file a New York Mechanics Lien?

Of course, keep in mind that there are some additional steps that can be taken prior to a lien filing that might help with recovery efforts. For one, sending a simple invoice reminder might be the gentle nudge in the right direction that a customer needs. Or, escalating things by sending a payment demand letter with legal threats and a payment deadline might do the trick. And finally, note that because mechanics liens are such a powerful tool, threatening to file a lien with a document like a Notice of Intent to Lien can be really effective. Plus, when went to both the owner and the GC, that can put more pressure on the GC to resolve the issue and pass payments down the chain.

Naturally, though, mechanics liens will sometimes be necessary. For those situations, this resource should be helpful: How to File a New York Mechanics Lien – Step By Step Guide to Get You Paid.

Disclaimer: The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the help of a local attorney.
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