We didn't complete to deliver, did we miss the deadline?
1 reply
Jul 29, 2020
Under New York mechanics lien laws, a lien claim must be filed within 8 months of the last date the claimant furnished labor or materials to the project. If the project is residential, the timeframe is shortened to just 6 months from last furnishing. Missing this deadline is fatal to your mechanics lien rights.
If you've missed you lien filing deadline, there are other steps you can take to secure payment. You can begin by sending payment demand letters to your customer to let them know you're serious about getting paid. If that doesn't get their attention, you can send a one final letter threatening legal action; stating if you aren't paid within x amount of days you are ready and willing to file a lawsuit for breach of contract and unjust enrichment. Furthermore, depending on the amount of your claim, you may be able to file an action in NY small claims courts. If you decide to go this route, you should consult with a local NY construction attorney to advise you on the specifics of your situation. Good luck!
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