Home>Levelset Community>Legal Help>Under New York law, can I enter into an agreement with a building owner that if agree to release my lien on the building if I am not paid by the end of April I can refile the lien even though the deadline to file a lien has expired, i.e it would be more than 8 months after last providing materials or services?
Under New York law, can I enter into an agreement with a building owner that if agree to release my lien on the building if I am not paid by the end of April I can refile the lien even though the deadline to file a lien has expired, i.e it would be more than 8 months after last providing materials or services?
I filed a lien in NY. The building owner has promised that I will be paid sometime in April if I remove the lien. The project is being funded by a NY gov'r entity and will only pay out funds if there no lien.
Mar 26, 2019
That's a good question. First and foremost - the deadline to file a mechanics lien in New York cannot be extended by mere agreement of the parties. However, the deadline to enforce a filed mechanics lien can be extended for up to a year by filing an extension of the lien (then, potentially for another year after that by an appearance in front of the court). zlien discusses the ability to extend a New York lien (and the limitations) in this article: New York Mechanics Lien Extension Rules Cloudy With A Chance Of Controversy. It's worth noting, though, that where the parties have been able to work together and wish to resolve the matter without necessarily leaving the lien attached to the property. There are some creative options that, when properly done, could work to relieve the property of the mechanics lien claim while also preserving the right to payment for the claimant. Some of those options are mentioned in this article: Don’t Want to File a Mechanics Lien? Here Are 5 Other Options. Further, by mutual agreement, the parties could even create a lien against the property (outside of the mechanics lien process) that does not have to abide by the strict timeframes that a mechanics lien does. Of course, when discussing the resolution of the matter, it'd be wise to consult a local construction or real estate attorney on how to remain protected while also preserving payment rights. Sites like Avvo, Findlaw, and Lawyers.com make it easier to connect with lawyers in your area to obtain legal advice and to potentially discuss representation.
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