STATE OF NEW YORK- Worked on a State Project, GC got paid for my work. Can I file a Mechanics lien on the property in addition to a Bond Claim? Thank you
Sep 8, 2017
In New York, parties who performed work on a public improvement have two different / concurrent potential avenues to recovery:
1) File a Notice of Lien on Account of Public Improvements - which is lien on funds due to the GC from the public entity; and
2) Make a claim against the project's Bond.
Note, however, that on a public project the lien right does not attach to the underlying property, like it does on a private project. The "lien" works like a stop notice against the project's funds and does not provide the ability to foreclose on and force the sale of the property itself to satisfy the debt.