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The statutes entitle the claimant to bring a claim against the owner, the general contractor, or the claimant's customer (as appropriate) for diversion of trust funds if the funds are payable and either the owner, the contractor, or the subcontractor fails to pay, and the payment is more than 30 days late.

§10(1) Notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within eight months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials ...

New York Lien Law § 20 provides that an owner may discharge a mechanic's lien by the payment of money into court. Before a lien foreclosure action is commenced, the discharge is effectuated by depositing with the county clerk a payment equal to the amount claimed in the lien, with interest to the time of the deposit.

Lien Law Section 19(6) allows an aggrieved party to challenge a mechanic's lien and seek to have it discharged based upon a ?facial defect.? Some topics clearly relate to and constitute a ?facial defect.? Some common items that are challenged under Lien Law Section 19 are: The name of the lienor. The name of the owner.

Property liens are public records, so you can find them in the county clerk's database. You may also need to visit the tax assessor's office to find lien information for a property. If you're using an electronic database, you can search for property liens by address.

New York prohibits the waiving of lien rights prior to performance. Furthermore, waivers cannot be made in advance of payment, but only with, or after, payment. New York has no requirement that a lien waiver must be notarized. Furthermore, electronic signatures are valid on all lien waivers.