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I have a job site that owes me money since 12/2019.. can I sill lein .

New YorkMechanics Lien

I am a licensed Construction Superintendent doing Safety inspections on job sites. I visit each job that I have signed a PW2 ( allows client to get a work permit. ) Five days a week I visit the job site and write a report that is then put in the job site log to verify I had been there . If the NYC DOB stops by they want to see the log and that it has been kept up. I receive a monthly fee for this. Because the client was having financial problems, rather than release my name from the records NYC, ( then job receives a stop work order ) I continued visiting to help him out. Four months later he was far enough along where the building dept. did not require him to have a Const. Supt. any longer . since then no payments towards the debt.

2 replies

Mar 24, 2021

Greetings. It appears you are a 'contractor' as that term in defined under the lien law. A contractor may file a lien or sue on the contract or both. While a contract action has a 6 year statute of limitations, the filing of the lien must be done within 8 months (unless it involves a single family house or public project) and must be forclosed (sued upon) within a year unless the lien is extended. Please contact a good New York lawyer for further guidance. Good luck. 

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Mar 24, 2021
You have 8 months to assert a lien, so if you were last on site less than 8 months ago to provide services you may file.
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