Home>Levelset Community>Legal Help>In NYC, for a sub to serve a lien on a gen. contractor, on what day is the official end of the 8 month allowable period

In NYC, for a sub to serve a lien on a gen. contractor, on what day is the official end of the 8 month allowable period

New YorkLien Deadlines

In NYC, for a sub to serve a lien on a gen. contractor, on what day is the official end of the 8 month allowable period, starting on the last day the sub was on the job site completing 100% of his contract, to the day the letter of notification was written, or the day the certified letter with this notification was signed for by the recipient gen. contractor?

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Oct 11, 2019

In New York, liens on non-residential projects may be filed within 8 months after the claimant's last furnishing of labor or materials to the project. This is set out by New York’s Construction Lien Law § 10, which states in part: "[a] lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within eight months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished." However, in New York, challenging a lien based on the filing date is difficult, and more difficult than in many other states. New York courts have held that "where a mechanic’s lien is not invalid on its face, it is not subject to summary discharge" and disallowed the discharge of a lien where the date of last furnishing stated on the lien document was within the 8-month period, but there was a dispute over whether the work actually ceased many months before. Also, while it is always a good idea to file your mechanics lien claim as immediately as you know about an outstanding debt, retain age can mess up that plan. New York’s lien law addresses this situation, and allows parties to file a lien in the state within 90 days after the retainage payment is actually due. Long story short, though, the 8-month period begins on the claimant's last furnishing of labor or materials to the project.

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