Tag: New York
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Be Careful Estimating Lien Amounts
Everyone in the construction industry struggles to get paid at some point. The most basic tip to ensure payment is to put the contract in writing. An oral contract might not destroy your chances at recovery, but common sense will tell you the best practice is to document everything. This principle is even more important when…
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New York Lenient On Notice Requirements
Notice requirements can make or break a mechanics lien, depending on the jurisdiction your in. Content, timing, delivery. Each state has their own requirements for you to follow concerning different types of notices. Some states are very strict when determining whether a party complied with these requirements. Other states look for “substantial” compliance. New York…
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Can “Relating Back” Extend the Miller Act’s One Year Limitation Period?
Under the Miller Act, a party is limited to a one year period to file suit against a payment bond to recover payment. This one year period may be extended for very limited circumstances. The reason for these limited circumstances is because to allow an extension of the one year period alters the risk profile of sureties…
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New York Courts Decide A Mechanics Lien Cannot Be Modified From Private To Public
Every state has different laws, requirements, and regulation pertaining to public and private construction jobs. How you file your mechanics lien and where you file it can greatly be affected by whether your work project is public or private. Filing the right lien pertaining to your construction project is extremely important, as Metro Woodworking, Inc.…
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Prior Nonpayment May Forgive Failure to Comply With Contractual Notice Provisions
Contract clauses that attempt to shift the financial risk of a project onto lower-tiered parties are all too common in the construction industry. Many times, these clauses are a direct assault on mechanics lien rights. Other clauses, however, are not specifically related to mechanics liens, and follow a different path toward making recovery of unpaid amounts difficult…
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No License, No Lien, No Recovery? Sometimes.
While mechanics liens can provide valuable protection for parties who furnish labor and/or materials to construction projects, the claimant must qualify to file a valid mechanics lien before the protections can work to his or her benefit. In many states, having a license to perform the work at issue is a prerequisite to filing a valid…
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New York Lien Amendment to Identify True Owner Allowed In Some Circumstances
Whether or not a mechanics lien may, or should, be amended in certain various circumstances is a difficult and dangerous question. Further, determining what information is “close enough” and what information will result in a lien being invalidated can be difficult. On one hand, mechanics liens have strict statutory requirements that must be met in order…
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New York Allows Mechanics Lien Amendment When Name Wrong
One would think that identifying oneself on a document is a no brainer. Similar to going to a party and saying, “hello, my name is ___,” when filing a mechanics lien the party filing the lien (i.e. the lien claimant) must announce who they are. Within the document, the claimant will write something like, “We,…
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“Final” Waiver is Not Always Final in New York
One topic we frequently write about here is whether a party such as a subcontractor or supplier can waive any mechanics lien rights they might have on a property, and, if so, how that waiver will stand up to judicial scrutiny. For example, Wisconsin permits enforceable lien waivers at any point “whether or not consideration has…
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New York Mechanics Lien Invalidated Because Claimant’s Name Slightly Incorrect
Last week, the Supreme Court of New York (New York County) invalidated a mechanics lien in an unpublished decision because the document just barely misidentified the claimant. It is a risk we warned about and called potentially “harsh” last year when writing about a similar California case, although the court in that case forgave the claimant’s…