Mechanic’s Liens

New York Mechanic’s Lien Lawyer

Our New York Mechanic’s Lien Lawyer provides a full range of legal services relating to New York Mechanic’s Liens.  We have extensive experience representing contractors filing and enforcing New York Mechanic’s Liens, as well as property owners who are faced with New York Mechanic’s Liens filed against their real property.

Our New York Mechanic’s Lien Lawyer utilizes his skills and extensive experience in litigation, arbitration and mediation of New York Mechanic’s Lien, including the resolution of the underlying construction claims and disputes.

Filing a New York Mechanic’s Lien

In New York State, when a general contractor, sub-contractor, or material supplier has not been paid for the material or labor provided for a construction or renovation project, a Mechanic’s Lien may be filed against the property. The Mechanic’s Lien is recorded at the county clerk’s office where the property is located, and a Notice of Mechanic’s Lien is served on the property owner to notify the owner that a lien has been filed against the property. When a Mechanic’s Lien is filed against the property, it becomes more difficult for the owner to sell or refinance the property, without either paying the claimed debt underlying the lien, bonding the lien, or discharging the Mechanic’s Lien by court order.

Enforcing a New York Mechanic’s Lien

If the property owner does not pay the outstanding amount due for material and labor, the party who filed the Mechanic’s Lien may commence a legal action to foreclose on the lien.

Our New York Mechanic’s Lien Lawyer represents general contractors, subcontractors, and material suppliers seeking payment for materials and/or labor provided to a property owner, including:

• Filing Mechanic’s Liens
• Enforcing Mechanic’s Liens
• Negotiation and settlement of outstanding claims by contractors, subcontractors and material suppliers

Dismissing a Defective, Untimely Filed, or Willfully Exaggerated Mechanic’s Lien

General contractors, sub-contractors and material suppliers may file a Mechanic’s Lien to protect their rights and their ability to get paid for their work. But Mechanic’s Liens are sometimes filed by dishonest contractors as an aggressive tactic in an attempt to extract unwarranted sums of money from the property owner.  A New York Court may dismiss a Mechanic’s Lien (Vacate a Mechanic’s Lien) for various reasons, including if it is defective “on its face”, or not timely filed, or if it willfully exaggerates the amount due to the contractor.

Our New York Mechanic’s Lien Lawyer represents property owners in Mechanic’s Lien disputes, including:
• Vacate a Mechanic’s Lien by posting a bond or undertaking
• Legal proceeding to vacate an improper, defective, untimely or exaggerated Mechanic’s Lien
• Negotiation and resolution of the dispute that gave rise to the Mechanic’s Lien
• Settlement of outstanding claims by contractors, subcontractors and material suppliers

We attempt to resolve disputes among general contractors, subcontractors, material suppliers and property owners without resorting to litigation, however when litigation is unavoidable, we are prepared to represent our clients in litigation arising from construction project claims, including Mechanic’s Lien litigation.

When faced with a Mechanic’s Lien, the property owner has several options including:
• pay the amount claimed
• request that the court discharge the Mechanic’s Lien, if the lien is defective (i.e., the lien is for items, such as profit, that are not lienable labor or materials, or the lien incorrectly names the owner of the property, or the lien was not timely filed)
• bond the Mechanic’s Lien – purchase a surety bond (110% of the amount of the Mechanic’s Lien), and file the bond, affidavit and other required documents with the County Clerk’s office.
Bonding the lien discharges the Mechanic’s Lien against the property because it substitutes the bond in place of the property as security for enforcement of the Mechanic’s Lien.
• on private non-governmental construction projects, the property owner or contractor may discharge the Mechanic’s Lien by depositing with the county clerk where the lien is filed, a sum of money equal to the lien amount plus interest to the date the money is deposited.

Notice of Pendency (formerly “Lis Pendens“)

When a contractor, subcontractor or material supplier commences a lawsuit to foreclose on a Mechanic’s Lien, a Notice of Pendency (formerly referred to as a “lis pendens“) is also filed against the property, in order to put everyone on notice that a lawsuit to foreclose a Mechanic’s Lien is pending against the property. This warns potential buyers or lenders that a potential judgment may adversely affect the title to the property.

Expiration of New York Mechanic’s Lien

In New York State, a Mechanic’s Lien will automatically terminate after one year, if it is not extended within the one year, unless an action to foreclose the Mechanic’s Lien is filed within one year of the date that the Mechanic’s Lien was filed In comparison to an action to foreclose the Mechanic’s Lien (which is a lawsuit), a one year extension of the term of the Mechanic’s Lien may be easily obtained by the contractor, subcontractor or material supplier by filing an extension with the county clerk’s office. Although the filing of an extension of the Mechanic’s Lien does not legally compel the property owner to pay the allegedly outstanding sum of money, it does continue the legal effect of the lien against the property. Therefore, if the term of the Mechanic’s Lien is extended for a second year, the property owner who has bonded the lien will be required to pay for an additional year’s premium on the surety bond.

Our Experienced New York Mechanic’s Lien Lawyer

Our skilled and experienced New York Mechanic’s Lien lawyer protects the legal rights of:
• property owners
• contractors
• subcontractors
• material suppliers

High Quality & Honest Legal Representation for Your Mechanic’s Lien

It can be quite reassuring to know that you have retained a New York Mechanic’s Lien Lawyer who can both aggressively defend your legal rights, and give you unbiased information which can assist you in determining your strategy.  If we believe that your position is supported by the facts and the law, and that the amount in dispute justifies litigation, we will aggressively fight for you.  If we believe that the evidence or the law do not support your position, or that the amount in dispute does not justify the costs of litigation, we will give you our honest assessment, and recommend cost effective alternatives to litigation.

We believe that our New York Mechanic’s Lien Lawyer provides excellent value because our professionalism is among the highest, while our fees are middle of the road. We cater to those clients who appreciate this high level of legal representation, and understand that all New York Mechanic’s Lien Lawyers are not the same.

Tell Our New York Mechanic’s Lien Lawyer About Your Construction or Renovation Dispute, or Mechanic’s Lien

If you are in need of an aggressive and experienced New York Mechanic’s Lien Lawyer, click Contact Us to tell us about your case. You may also call Michael W. Goldstein to discuss your construction or renovation dispute, or Mechanic’s Lien by telephone, or to schedule a consultation at our office.

New York Mechanic’s Lien Lawyer Disclaimer

Visiting our website, submitting any information via questionnaire or email, or discussing your case with us does not create an attorney-client relationship. An attorney-client relationship with our New York Mechanic’s Lien Lawyer, or with our law firm can only be established with the signing of a written retainer agreement prepared by our law firm.

The information in this website involving New York Mechanic’s Lien Law, NY Mechanic’s Liens or other New York legal information contained in this website is not intended to constitute legal advice, nor to create an attorney-client relationship or lawyer-client relationship. We recommend that you discuss your NY Mechanic’s Lien Law matter with a New York Mechanic’s Lien Lawyer promptly.

Prior results do not guarantee or predict a similar outcome with respect to any future case or legal matter.

This website is not intended to solicit clients for Mechanic’s Liens outside of New York State. However, our Mechanic’s Lien Lawyer in New York does represent clients who live outside of New York State, who are involved with a Mechanic’s Lien in New York State, or who need legal services for a New York Mechanic’s Lien.

New York Mechanic’s Lien Lawyer representing Mechanic’s Lien clients throughout New York State, including New York City, Manhattan, Brooklyn, Bronx, Queens, Staten Island, Long Island, Nassau County, Suffolk County, Westchester, Rockland and upstate New York.

Law Offices of Michael W. Goldstein

New York Mechanic’s Lien Lawyer

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