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Is there a legal requirement to file an affidavit of service when one files an extension of mechanic's lien in new york city

New YorkMechanics Lien

Originally, as a subcontractor, I filed a mechanic's lien on commercial private property in New York County. We are still in the process of negotiations with the owner of the property as time of the original lien is about to expire. I am considering to give the owner extra time without unnecessary litigation, but I want to preserve my rights to sue if the original lien expires. I read that the extension of lien on commercial property can be given for 1 year, but not sure if I have to serve affidavit of service as at the time of the original filing.

1 reply

Aug 10, 2018
That's a good question, and it's one that I don't think we've received before at the Construction Legal Center. § 17 of the New York mechanics lien statute, which sets out the process for extending a filed mechanics lien, is silent as to whether any notice is required upon extending a lien. Thus, it does not appear that notice is necessary upon filing a lien extension. However, the safer move may be to send notice anyway and to send it in the same manner that notice of the original lien filing was sent. While that might not be necessary, there would seem to be no downside to providing additional notice. Lien laws follow the same principles as many other things in life: better to be safe than sorry.
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