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Mechanic's Lien Toolkit (NY)
Practical Law Toolkit w-033-3704 (Approx. 5 pages)
A collection of linked resources to assist lienors in understanding and effectively creating, perfecting, and enforcing statutory mechanic's liens to secure payment for improvements to privately owned real property in New York. Article 2, Chapter 33 of New York's Consolidated Laws (N.Y. Lien Law) governs statutory mechanic's liens. This Toolkit contains many guidance documents and standard forms for use at all stages of the mechanic's lien process.
Article 2, Chapter 33 of New York's Consolidated Laws (N.Y. Lien Law) is a comprehensive statute that establishes procedures for obtaining and enforcing a mechanic's lien in New York. The statutory mechanic's lien gives contractors, subcontractors, design professionals, and materials suppliers (lienors) many options to secure payment for furnished labor, materials, and professional services to improve real property.
The creation, perfection, and enforcement of mechanic's liens in New York requires a multi-step process that involves strict compliance with all statutory requirements. Failure to strictly follow the statutory requirements can result in a loss of lien rights.
The linked resources included in this Toolkit help counsel for lienors and property owners:
- Understand the processes and procedures for creating, perfecting, enforcing, and discharging mechanic's liens.
- Understand the deadlines for each step of the mechanic's lien process.
- Draft, record, and serve effective lien documents.
- Understand available defenses to mechanic's liens.