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We performed BIM services (Building Information Modeling) as a Subcontractor. Deadline to file is next week!

New YorkMechanics Lien

VIATechnik performed work for a general contractor. We are a subcontractor that performed Building Information Modeling. Can VIATechnik lien the project - Residence, although there were no materials installed on-site. it was all service work. Please advise asap. The last day of services performed is August 14th. Project is in NY, with a deadline of 8 months to lien.

1 reply

Apr 8, 2020

Whether or not mechanics lien rights will be available depends on the nature of the work that was performed. If the work resulted in the permanent improvement of the property - then mechanics lien rights will generally be available. But, if the work did not permanently improve the property, that work generally won't be lienable. To be sure, though - manual labor done at the job site in the furtherance of the project will typically be lienable. In terms of "service" work - it's hard to know without more specific details. But, ordinary maintenance usually won't rise to the level of mechanics lien rights. However, repairs and installations might. Levelset discusses that in detail here: Do Repair and Maintenance Companies Have Mechanics Lien Rights? For more info on New York lien rights: New York Mechanics Lien Guide and FAQs.

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