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Mechanics Lien was placed 1-1/2 years ago. What now?

New YorkMechanics Lien

I am a subcontractor. Did metal fabrication for 2017 MTA project. Delivered to site in November and December 2017. The contractor was invoiced $22684. Received bank notice of bounced check in January 2019. Placed Mechanics Lien through ZLien in March 2019. Still no payment received.

1 reply

Oct 23, 2020

In New York as a subcontractor, you have 1 year after filing your mechanics lien to enforce the lien that must be initiated within that period of time. Liens are only effective for a certain period of time and an unpaid lien claimant must enforce their lien before the state's deadline. Enforcing a lien requires legal action, so it is advised that you consult with a New York construction attorney before the enforcement deadline. 

However, New York is one of the few states that allows the deadline to enforce a mechanics lien to be extended, potentially more than once. If the project that you were unpaid for was not on a single-family residential property, a mechanics lien can be extended once by filing a lien extension document with the recorder, and the extension is for 1 year. 

If you aren't able to extend the mechanics lien, there are a few potential steps that may be taken in the absence of a mechanics lien right including: 

  • Send the property owner a notice of intent to lien 
  • Send to collections
  • File suit 

I hope that helps! 

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