FAQs

In New York a mechanic’s lien allows an unpaid party (such as a contractor or material supplier) to record and claim a security interest in the project that was improved by the contractor or supplier’s services.

A mechanic’s lien against a single family home in New York must be filed within 120 days of the time that you last provided labor or materials to the project.

A mechanic’s lien against a commercial project in New York must be filed within eight months of the time that you last provided labor or materials to the project.

A mechanic’s lien against a public improvement in New York must be filed within thirty days of the time that the public improvement was completed and accepted by the public entity.

In New York a mechanic’s lien for retainage only must be filed within ninety days of the time when the retainage became due. This is true even if the retainage became due after the expiration of the time to file a lien against a single family dwelling or a commercial project.

In New York, a “lien waiver” is a document that is typically signed before you file a mechanic’s lien and in connection with an application for payment.

In New York, a “lien satisfaction” is a document that is typically signed after you file a mechanic’s lien and is filed once you receive payment to satisfy the lien.

Each of the counties in New York City charge $30.00 to record a mechanic’s lien.

Nassau County charges a fee of $315.00 to record a mechanic’s lien plus $300.00 for each additional block.

Suffolk County charges a fee of $215.00 to record a mechanic’s lien plus $200.00 for each additional lot.

Nassau County charges a fee of $300.00 to record a mechanic’s lien plus $300.00 for each additional block covered by the satisfaction. No other New York County charges a fee to record a satisfaction of mechanic’s lien.

A mechanic’s lien in New York lasts for a period of one year from the date it was recorded.

A mechanic’s lien in New York may include profit on labor or material provided but it may not include profit on labor and materials not yet provided.

A mechanic’s lien in New York cannot include attorneys’ fees.

All mechanic’s liens filed in New York must be acknowledged before a Notary Public.

You can file a mechanic’s lien in New York even if you don’t have an office in New York as long as you identify a New York attorney in your lien. You cannot use a Post Office Box as your address in the mechanic’s lien.

You can file a mechanic’s lien in New York even if you are not registered to do business in New York. However, you must register to do business in New York in order to pursue litigation to enforce a mechanic’s lien.

Because a mechanic’s lien on account of a public improvement is filed against the fund due from the municipal entity to the contractor, the general contractor cannot file a mechanic’s lien because there is no fund to which the lien could attach.

Contractors, subcontractors, sub-subcontractors, suppliers and materialmen may file a mechanic’s lien on a private improvement in New York.

If the work you are performing requires a license then you must be properly licensed for that work in order to file a mechanic’s lien in New York.