Filing Mechanics Lien Rules

Summary

In New York, a person who does not own a legal business can file a mechanics lien if they provided labor or materials for a construction project. They must have a contract with the property owner or their agent and file within 8 months of completing work (4 months for single-family dwellings). An individual who provided materials while owning a business generally cant file a mechanics lien for those materials after leaving the business. The New York Lien Law § 3 allows for oral or implied contracts. The case Peri Formwork Systems, Inc. V. Lumbermens Mutual Casualty Co., 112 A.D.3d 171 (N.Y. App. Div. 2013) supports this.

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In New York, the rules governing mechanic's liens are found in the New York Lien Law.
- Eligibility: Lien Law § * states that any person who performs labor or furnishes materials for the improvement of real property can file a mechanic's lien, regardless of whether they own a legal business.
- Contract Requirement: Lien Law § * also specifies the need for a contract with the property owner or their agent.
- Filing Deadline: Lien Law § * provides the deadlines: 8 months for general construction projects and 4 months for single-family dwellings.
Would you like more detailed instructions on how to file a mechanic's lien?
Can a person who used to be a part owner of a business place a mechanics lien on materials provided if he provided those materials while acting as an owner of the business?
In New York, an individual who provided materials while acting as an owner of a business generally can't file a mechanic's lien for those materials after ceasing to be an owner. The materials were supplied under the business's capacity, not as an individual contractor.
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Can you cite that
In New York, the rules governing mechanic's liens are found in the New York Lien Law.
- Eligibility: Lien Law § * states that any person who performs labor or furnishes materials for the improvement of real property can file a mechanic's lien, regardless of whether they own a legal business.
- Contract Requirement: Lien Law § * also specifies the need for a contract with the property owner or their agent.
- Filing Deadline: Lien Law § * provides the deadlines: 8 months for general construction projects and 4 months for single-family dwellings.
- Ownership and Material Provision: For your specific scenario, there is no explicit section in the New York Lien Law that deals directly with former business owners filing liens for materials provided while they were owners. Generally, materials provided under the business's capacity are treated as supplied by the business entity, not the individual.
Would you like information on potential alternatives or next steps?
If someone provides materials while having ownership of a business, can he place a mechanics lien after leaving the business in new York?
In New York, an individual who provided materials while owning a business generally can't file a mechanic's lien for those materials after leaving the business. The materials are considered supplied by the business entity, not the individual.
Would you like information on potential legal alternatives or next steps?
Can you add citation for your response
In New York, the rules governing mechanic's liens are found in the New York Lien Law. Here are the relevant citations:
- Eligibility: Lien Law § * - Any person who performs labor or furnishes materials for the improvement of real property can file a mechanic's lien, regardless of whether they own a legal business.
- Contract Requirement: Lien Law § * - Specifies the need for a contract with the property owner or their agent.
- Filing Deadline: Lien Law § * - Provides the deadlines: 8 months for general construction projects and 4 months for single-family dwellings.
- Ownership and Material Provision: There is no explicit section in the New York Lien Law that deals directly with former business owners filing liens for materials provided while they were owners. Generally, materials provided under the business's capacity are treated as supplied by the business entity, not the individual.
Would you like information on potential legal alternatives or next steps?
If there is no written contract, can you file a mechanics lien in New York? Please add citation
In New York, you can file a mechanic's lien even if there is no written contract. The New York Lien Law § * specifies that a contract can be oral or implied by the conduct of the parties.
Would you like more details on how to proceed with filing a mechanic's lien?
Can you cite a case for your answer
Sure, I can provide a case reference. One relevant case is Peri Formwork Systems, Inc. v. Lumbermens Mutual Casualty Co., * A.D.3d * (N.Y. App. Div. *). In this case, the court recognized that an oral contract can suffice for the purpose of filing a mechanic's lien under New York Lien Law.
Would you like more details on this case or information on how to file a mechanic's lien?