Job is a courthouse. We are a sub on the job & GC is stating the City hasn't paid them. We like to file the lien/bond claim but do not have a NY address. What are our options to protect our interests?
2 replies
Apr 15, 2021
You do not have to have an NY address to make a lien or bond claim (here, it is a public project, so your "lien" would not be against the property but the lien fund). However, the issue is not making your lien/bond claim, it is "availing yourself" to NY Courts. If you are not authorized to do business in New York, seeking to collect on said claim could become a problem. Depending on the amount in controversy here ($), you may need to retain a construction lawyer for further review. Please advise if you need further assistance and good luck.
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Apr 15, 2021
You are a subcontractor on a NY public works project and not authorized to do business in NY, how did you obtain insurance and pay withholding taxes? You may be able to assert a lien but you may not have access to the NY courts unless you become authorized to do business here.
Are you a supplier who delivered and dropped product? A supplier may file a lien and you may do so on line without an attorney in many state and local agencies. Are you an out of state company registered to do business in NY but without a local address? Again, you may file a lien and as a supplier or an out of state company registered to do business but not resident here, you may access the courts.