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Please see below.

In Dutchess County, NY (1) is there a time limit within which a contractor can file a mechanics lien against the property worked on or on the property owner thereof? and (2) must the contract for work have been made/signed by the owner of the property worked-on?? Many thanks, Vincent

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Feb 10, 2020

The deadline to file a New York mechanics lien will typically be 8 months from the completion of the contract or the last furnishing of work. Though, for single-family residential projects, this deadline is shortened to 4 months. But, in either case - the deadline will be the same across all New York counties. Generally, a written contract isn't necessarily required in order to file a New York mechanics lien claim. Though, New York home improvement contracts require that residential home improvement contracts must be in writing - and failure to abide by those requirements will make it harder to secure a lien claim. That idea is discussed in detail in this recent expert answer from Vincent Pallaci: Is it legal for a contractor to file a lien even with a verbal contract? Note, though, that if work is being done for a tenant - then having the owner's authorization for the work, in writing, would be important - whether that be via the terms of the lease, or by explicit written approval. Without it, lien rights against the underlying land may be lost, as we've discussed in this article: Can You File a New York Mechanics Lien When Working for a Tenant?

Additional New York mechanics lien resources

For more information on New York mechanics lien claims, these resources should be valuable: - New York Mechanics Lien Guide and FAQs - Are New York Mechanics Lien Challenges Impossible? - I Just Received a Notice of Intent to Lien – What Should I Do Now? - A Mechanics Lien Was Filed on My Property – What Do I Do Now?

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