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Is there a deadline for filing a mechanics lien against a homeowner in New York City?

New YorkMechanics Lien

Hi. We hired a contractor in New York City to renovate a bathroom in October 2017. We paid him $12,150 but held back $1350 because the work not completed to our satisfaction. In December 2017 he said he was done with the job. I pointed out what was not done in person and after that he did not respond to my last communication in January 2018. In October 2018 (10 months later) he emailed asking for the additional payment. We responded with notice of the work still unfinished. We did not hear from him again until this past October 2019, one year later. This October he revised the amount we owed by adding $600, making up charges that he had never mentioned in January 2018. Now he has threatened a lien will be placed the end of this week for $1950. Is there a deadline for him to file the lien? Seems unreasonable that he can come back 21 months after leaving the job and that he can add an additional amount. Do I need a lawyer to prevent this from happening? Thanks

2 replies

Dec 4, 2019

In New York, a mechanics lien is generally required to be filed within 8 months of the claimant's last furnishing of labor or materials to the project. However, that time period is shortened to 4 months for single family residential projects. However, there are other considerations that may be applicable here. As we wrote about in this blog post, New York’s lien law allows parties to file a lien in the state within 90 days after the retainage payment is actually due. Since retainage is sometimes not due (or paid) for months after a project is completed, this means that the time period in which a valid and enforceable lien may be filed can sometimes extend for a long time. Also, New York is relatively lenient (no pun intended) with respect to allowing mechanics liens to be filed, based on the representations of the lien claimant on the document. While calculating the “lien period” is sometimes subject to factual dispute, a New York court has indicated that a mechanics lien will not be invalidated if such a dispute exists so long as the lien claim indicates that work or materials were furnished to the project within the lien period. If the claimant writes on the lien document that work was performed in the appropriate period, there is little that can be done to stop the lien's filing. There are penalties for filing a frivolous lien, and pointing out such penalties, or potential causes of action for slander of title may be sufficient to cause the contractor to think twice about a lien claim. Finally, if the lien is filed, it still needs to be enforced or it will expire. In any attempt to enforce the lien, all defenses to payment may be alleged.

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Dec 5, 2019

Thank you for responding. Would the lien on our privately owned condo unit have any impact on the condominium building as a whole? The email today implied the Board of Manager of the condominium building would force me to pay so that a lien was not filed. Hmm..

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