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What is the definition of "labor"?

New YorkBack Charges
Anonymous Contractor

1. Can a NYS design/build company file a mechanic's lien only for the design portion of a project when the contract was for the design portion only? No construction labor was performed. 2. If the contract provided for an hourly fee and the design scope was not completed (i.e., the construction plan was not completed), is a mechanics lien for design hours expended appropriate? 3. What is the definition of "labor"? Thanks

3 replies

Matt Viator
Construction Lawyer
Levelset Admin at Levelset
| 997 reviews
Nov 4, 2019
Architectural design, engineering, and surveying services are generally lienable in New York. Further, based on § 2(4) of the New York mechanics lien statute, it appears that plans prepared for, but not necessarily used, for a New York project may give rise to lien rights - even they're not necessarily used on the job. So, in that situation, the actual preparation of plans would be lienable - though unrelated costs that may have been incurred (but don't tie directly to designing/planning) likely would not be lienable. Further, the New York mechanics lien statute doesn't seem to specifically define the term "labor." Though, the term "labor" will generally refer to manual labor actually performed on the job site, and other non-physical work may be deemed "services." But, at the end of the day, consulting with a New York construction law expert - such as Vincent Pallaci - would provide more clarity here. For more on the New York mechanics lien basics: - New York Mechanics Lien Guide and FAQs - How to File a New York Mechanics Lien – Step By Step Guide to Get You Paid
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Benjamin Marshal
Developer at Boostin
Dec 14, 2022

I'm a little confused.

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Benjamin Marshal
Developer at Boostin
Dec 18, 2022

Unfortunately, I can't help you with this particular issue. I am just learning, hopefully later I will be able to help everyone. I just recently wrote definition essays, used https://studymoose.com/essay-types/definition-essays for that. You could find definition essays on the internet as well. Labor - human activity, aimed at the creation of material and spiritual goods, which satisfy the needs of an individual and (or) society.

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