We are a specialty supplier/manufacturer of stainless steel pools and spas, and for a handful of our projects we are responsible for their onsite installation. I was wondering if I should use the first timecard from engineering department to design the pools/spas for this project as the first furnishing? Or should I use the first date payment was received by the customer, which occurred a few months later?
Under NY Lien Law §9(6), which regulates the contents of the Notice of Lien, the claim must include "the time when the first and last items of work were performed and materials were furnished." Given the type of services your company provides, it'd be fair to state that you provided both work and materials to the project.
Thus, it'd be safe to assume the best date to use on your NY mechanics lien as "the time whe n the first items of work performed and materials furnished" would be when your engineering department first began to design the pool/spa (i.e. the date your company first performed work), as opposed to the later invoice payment date. Similarly, contractors who provide work onsite would use the first day of work provided for the improvement of the real property, as opposed to when first payment is received.
I still believe the first day work is performed pursuant to the contract (engineering/design work) would be the appropriate date for the first date of furnishing.
Furthermore, if you still feel uncertain; note that NY mechanics lien deadlines are based off of the last date of furnishing, providing the first date is simply a means of providing as much identifying information of the claimant as possible. A minor error in providing the first date of furnishing will likely not operate to invalidate the claim. Under NY Lien Law §23, "substantial compliance with its several provisions shall be sufficient for the validity of a lien."