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NY mechanics lien

We can not get paid for a commercial job (hotel) that we delivered all the goods to in Brooklyn, NY in February 2020. On May 18th, we sent a Notice of Intent to Lien; however, this has failed to deliver as the tracking states undelivered "Notice Left (No Authorized Recipient Available)." We are ready to file a mechanics lien on the property. Will it be an issue if the intent was not delivered first? Also what happens if we cannot deliver the lien to the property owner similar to the intent to lien?

2 replies

Jun 16, 2020

A Notice of Intent to Lien isn't a required notice in New York. That means sending a Notice of Intent is completely voluntary - though, it will typically be useful in forcing payment. So, failing to have a Notice of Intent to Lien delivered won't have any impact on New York mechanics lien rights. Once a New York lien gets filed, it's imperative that the owner be served notice of the lien filing. There are a number of ways to make service, though, as Levelset discusses here: Guide To Serving Your New York Mechanics Lien. As mentioned in that article, if you're having trouble mailing notice, there are a number of options - like mailing it to the owner's registered agent, by posting notice to the project site, or by simply mailing to their last known business address. While it may be overkill, a claimant could always hire a process server to make sure the lien gets properly served and that the service of the lien is well-documented. Finally, for help with a New York mechanics lien filing, these resources will be useful: (1) New York Mechanics Lien Guide and FAQs; and (2) How to File a New York Mechanics Lien – Step By Step Guide to Get You Paid.

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