Home>Levelset Community>Legal Help>I want to place a mechanics lien on a jobsite i worked at previously. however, that company has since been closed and we have started a new company under a different name. Can i still place a mechanics lien on the jobsite with this new company.

I want to place a mechanics lien on a jobsite i worked at previously. however, that company has since been closed and we have started a new company under a different name. Can i still place a mechanics lien on the jobsite with this new company.

New YorkRight to Lien

I want to place a mechanics lien on a commercial jobsite i worked at back in april. (manhattan). Since then, the company has been closed and i have started a new company with a partner. Thus the name has changed. Would i still be able to receive payment and file a mechanics lien under this new company?

1 reply

Aug 16, 2018

First, it's important to make sure the deadline to file a mechanics lien has not yet passed. In New York, the deadline to file a mechanics lien on a single-family residence is 4 months after the completion of the contract. If the project was not a single-family residence, the deadline to file will be within 8 months of the completion of the contract, the final furnishing of work or materials, or the final performance of the work. Anyway, any lien claim filed must be filed in the name of the person or business who performed the work and went unpaid. The right to lien lies with the party (i.e. the individual or the entity) who performed work, and until a lien has been filed, that right cannot be given to some other party. Once a lien claim is filed, the party who filed the lien claim may assign that lien to some other party under § 14 of the New York lien statute. Meaning, while a lien claim must be filed by the party who performed work and went unpaid, once the lien is filed, it may be assigned to some other party to follow through with attempts at collection or potential enforcement.

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