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Statue of limitations on filing a mechanics lien on commercial property in New York State

New YorkMechanics Lien

Hi, I am located in Bronx, New York and a general contractor filed a mechanics lien 19 months after completion of a commercial renovation. The same contractor came back to the job site to perform defective workmanship 9 months after completion of the work. The mechanics lien was then filed 10 months after they returned to perform the defective workmanship, which remains unfinished to this date. We are a tenant in a rented space and the lien was filed against the property owner, who now is trying to use a clause in our lease that we can be evicted due to the lien being filed. Is the contractors lien still valid in the state of New York and if not how do we get it removed? Please help!!! Thanks, JIm Evans

1 reply

Mar 2, 2020

In New York, the deadline by which a mechanics lien must be filed is dependent upon the project type. Generally, for all projects other than projects on single-family residences, liens may be filed at any time during the project, and within 8 months after the completion of the contract, the final furnishing of work or materials, or the final performance of the work. New York law provides for several circumstances which can result in the discharge of a mechanics lien, including:

"failure to begin an action to foreclose such lien or to secure an order continuing it, within one year from the time of filing the notice of lien" or.
by the property owner filing a bond, or
"[w]here it appears from the face of the notice of lien that the claimant has no valid lien by reason of the character of the labor or materials furnished and for which a lien is claimed, or where for any other reason the notice of lien is invalid by reason of failure to comply with the provisions of section nine of this article, or where it appears from the public records that such notice has not been filed in accordance with the provisions of section ten of this article."

So when a lien doesn't meet the proper requirements, an interested party may "may apply to the supreme court of this state, or to any justice thereof, or to the county judge of the county in which the notice of lien is filed, for an order summarily discharging of record the alleged lien."

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