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Question regarding filing mechanics lien

New YorkNotice of Intent to LienPreliminary Notice

We are a subcontractor that is towards the end of a project, we are owed money on invoices that are past due. Do we need to send any type of formal notice prior to filing a mechanics lien?

2 replies

Oct 26, 2020

Under NY Lien Laws, there are no traditional preliminary notice requirements that must be met before filing a NY lien claim. However, there is an optional notice that you can send that is quite effective at inducing payment before having to file a claim. You can send a Notice of Intent to Lien, consider it one final warning shot stating that if you aren't paid within x amount of days you are willing and able to file your claim. This notice is an easy and cheap way to turn the pressure up on your payment dispute before spending the time and money to file the lien.

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Oct 27, 2020
You do not need to file a formal notice, but it is helpful in litigation if you send a bill for the outstanding work. You also need to do the lien correctly. The lien must be filed, served on the owner and an affidavit of service needs to be filed with the county clerk. 
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