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What is the deadline day of the 8 month allowable period?

New YorkLien Deadlines

Starting on the last day the sub was on the job site completing 100% of his contract, to the day the letter of notification was written, or the day the certified letter with this notification was signed for by the recipient gen. contractor?

1 reply

Oct 14, 2019
The deadline to file a New York mechanics lien is set by § 10.1 of the New York mechanics lien statute. That section states that a mechanics lien must be filed "within eight months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished..." (emphasis added). Note that all of the above triggers for that 8-month period seem to relate to the completion or last furnishing of work, rather than on procedural documentation. So, when in doubt, it's a good idea to assume mechanics lien deadlines run from the last furnishing date rather than based on when documentation of a sub's completion is exchanged. For more background on New York mechanics liens and deadlines, here's a great resource: New York Mechanics Lien Guide and FAQs.
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