I want to file a lean on this project, the customer (subcontractor stopped paying and owe us 150k). I added the info into the system, please help me as deadline is ending. Date of last materials delivered : October 17 2019
1 reply
Sep 28, 2020
The deadline to file a mechanics lien in New York can change, depending on the project type. The general rule is that a mechanics lien can be filed anytime during the progress of the work, but no later than 8 months from the last date of furnishing labor or materials to the project. However, if the improvements being made were on a single-family dwelling, that deadlines cut short to just 4 months from the last date of furnishing. Both of these deadlines can be found under NY Lien Law §10.
Therefore,, if your last date of furnishing was 10/17/19, then the latest date to file a lien claim in New York was back in June for most projects and February if it was a single-family residential project. So it appears your time for filing a mechanics lien has passed, unless additional lienable work was performed on the project.
If the deadline to file has passed, then there are still other legal options available to you for recovery of non-payment. Most notably breach of contract and unjust enrichment claims against your client.