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Need a lawyer in NY State

I am a subcontractor, finished a job didn’t get paid put a lien on the property they bonded I file a claim with the insurance company that have the surety (who they choose for the bond) they rejected it saying the owner didn’t have a contract with me but with who hired me. So basically the insurance company says a need a judgment in order for them to pay me. Can you guys tell me some that can help me? Thank you

2 replies

Apr 21, 2020

It doesn't matter if there was a contract, you have a lien. You need to file a lawsuit against the insurance company. We do this type of work.

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Apr 21, 2020

Under New York law, if your mechanic's lien is bonded then the procedure is to foreclose on the lien but the foreclosure is against the bond -not the physical real property. Many sureties will not pay on a lien bond claim like this until there is a final judgment (meaning a judgment and either the time to appeal has expired or all appeals have been exhausted). To be clear, a foreclosure action is a full lawsuit where you still have to prove your claim and the surety, the contractor that hired you and even the owner can raise legal or factual defenses.

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