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What should we file?

New York

We are a subcontractor for a residential owner occupied in NYC. This job is not completed yet but the majority of work was completed last September. Our October 2021 Application for Payment was paid in February 2022. - 4 months. Then we resumed work and have submitted 2 more Application for Payments to bill out the job completely. We are currently negotiating some change orders. The balance they owe is $37,894.58, including retainage. We do not want to go back onsite until they pay. The last day onsite was 4/25/22. We are not sure if we should file a preliminary notice or mechanics lien or what to do. Thank you!

2 replies

Jul 13, 2022
To answer this question properly, the subcontract needs to be reviewed, preferably by a construction attorney. As far as $37,894.58 is concerned, it is absolutely worth liening for, but barely worth foreclosing upon. With that being said, it could be used as leverage if need be. While "stopping work" may have worked before, it sounds like you're almost done, it probably will not work now and it could subject you to claims/back charges, etc. It sounds like you have done work recently, so your lien rights probably have not expired, but keep the above in mind (residential is four months from the last date work performed and commercial is 8 months to lien). It is strongly suggested you have a construction lawyer review this situation, not so much to start a lawsuit, but try and resolve this so it does not come to that.
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Jul 13, 2022
You may need to retain a construction attorney. Your subcontract should be professionally reviewed. Meanwhile, by July 24, file your notice of lien, Level Set can help you. often a lien on a residential owner is enough. Best of luck,
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