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Property owner paid GC in full - how can a lien by subcontractor by dismissed?

Hello, we are architects helping a property owner which has just received a lien filed against his property. The lien comes from a subcontractor which was not paid by the general contractor. The client has paid the general contractor in full. Can the property owner get the lien dismissed - if yes, how should he do that?

1 reply

Jun 8, 2018

Typically, even when an owner has paid their general contractor, if that GC did not properly send payments down the chain, a subcontractor might still be able to file a valid mechanics lien. In New York, though, the amount of a subcontractor or supplier's lien appears to be limited to the unpaid portion between an owner and their prime contractor. Of course, if the lien was filed prior to full payment of the contractor, the lien may remain valid. Anyway, discharging a mechanics lien is not quite as simple as filing one, and an owner will likely need to use an attorney to do so since legal action is required. In such case, the owner (again, presumably via their attorney) would take to court to apply for an order summarily discharging of record the alleged lien.

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