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Is it lawfull in NYC to ask a contractor to waive his right to a Mechanics lien?

New YorkRight to Lien

The building i have a project in sent me an indemnification to sign, the last paragraph was this. "In addition to the foregoing, Contractor shall not file mechanic’s liens against the Condominium’s premises for any claims arising from work performed by Contractor and/or its subcontractors in connection with the alteration of the referenced apartment"

1 reply

Jan 30, 2020
We refer to these as "no-lien" clauses. In the state of New York, these types of clauses are prohibited to be included in construction contracts. This is found NY Lien Law §34, which states that "Notwithstanding the provisions of any other law any contract, agreement or understanding whereby the right to file or enforce any lien created under article two is waived, shall be void as against public policy and wholly unenforceable." You may find these resources helpful as well:
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