Make Fillable Legal New York Construction Liens Forms For Free

To get a judgment lien, the judgment creditor must file a judgment transcript with the county clerk in the county where the judgment debtor's property is located. An original judgment lien is valid for 10 years.

Pursuant to New York Lien Law Article 3-A, all funds received by a contractor for a construction project, or by an owner under a construction loan, constitute assets of a statutory trust. The recipient, as trustee must apply the funds to the costs of improvement before diverting them to any other purpose.

Under New York law, the general rule is that liens have priority in the order that they are recorded first in the public land records which is known as the ?first in time, first in right? rule, but there are many exceptions to the general rule.

If labor is performed for, or materials furnished to, a contractor or subcontractor for an improvement, the lien shall not be for a sum greater than the sum earned and unpaid on the contract at the time of filing the notice of lien, and any sum subsequently earned thereon.

§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 ...

Pursuant to New York Lien Law § 3, an unpaid contractor, laborer, or materialman may file a mechanic's lien against privately owned real property for the value of the labor or material furnished. Mechanic's liens cannot be filed against publicly owned real property.