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Home>Levelset Community>Legal Help>I am a subcontractor. I finished a project on 3/5/2020. Can I still file a Lien?

I am a subcontractor. I finished a project on 3/5/2020. Can I still file a Lien?

New YorkLien DeadlinesMechanics Lien

GC hired me for a job which I completed on 3/5. Is it too late to file a Lien or can I still file it? Thank you for your advice.

1 reply

Nov 30, 2020

The deadline to file a New York mechanics lien can vary depending on the type of project. The general rule is that the claim must be filed within 8 months after the last date that the claimant furnished labor and/or materials to the project. However, if the project is a single-family, residential project, the deadline is cut to just 4 months. If the last date on the job site was March 5th, then it appears that that time may have recently passed. 

As far as other options for recovery, you can still file a lawsuit against the contractor for breach of contract, claims under New York's prompt payment laws, and/or unjust enrichment. Also, depending on the amount in dispute, these claims may be able to be brought in NY small claims courts. For more on these options, see: Can't File a Lien? Here are some other options.

In any sense, you should consult with a local attorney to discuss these options. We have a few NY-based construction attorneys in our Levelset Community that you may want to reach out to personally. Good luck!

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