Menu
Home>Levelset Community>Legal Help>What are the requirements for service upon filing mechanic's lien release?

What are the requirements for service upon filing mechanic's lien release?

New YorkLien ReleasesMechanics Lien

Following the filing of the Mechanic’s Lien with the County Clerk, do we have to serve copies upon the property owner or other contractors. What are the service requirements? How soon after should we file Affidavit of Service? The original mechanic's lien was filed with the NY County Clerk against the property owner and general contractor by subcontractor. The mechanic's lien release was obtained from the subcontractor together with final lien release and waiver. We are the general contractor company.

1 reply

Jun 16, 2020
Yes, when filing a New York mechanics lien, notice of that lien filing must be sent. The notice must be sent to the property owner within 5 days before and 30 days after the lien is filed. This notice can be given in a number of different ways, as discussed here: Guide To Serving Your New York Mechanics Lien. The affidavit of service must also be filed within that time. And, since the notice can be sent a few days before the lien is actually filed, it's relatively common for claimants to include the affidavit along with the lien filing itself. Regarding mechanics lien releases - New York doesn't impose the same notice requirements for releases as it does for liens. Though, it's probably good practice to notify others that the lien has been released and to provide them a copy of that lien release.
0 people found this helpful
Helpful