New York Pre-Lien Notice to Owner of Intention to Claim Mechanic's Lien for Services Provided

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Description

A mechanic's lien is a claim created by statute to secure priority of payment for labor performed or materials furnished in the making of improvements on real property. A mechanic's lien covers the land as well as improvements on the land. Mechanics' liens are purely statutory in origin, and a mechanic's lien may not exist unless it is expressly created by the terms of a statute.


Statutes frequently require the lienholder to give notice of a claim of lien. Local statutes must be consulted to determine applicable requirements with respect to particular types of lien notices.

How to fill out Pre-Lien Notice To Owner Of Intention To Claim Mechanic's Lien For Services Provided?

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FAQ

New York Lien Law § 19(4) allows a lien to be discharge by filing a bond securing up to 110% of the amount claimed. A mechanic's lien discharge bond is executed by the principal, which requests the bond, and the surety, a financial services company which guarantees payment if the lien claim is proved.

A mechanic's lien can be filed during the course of a construction project when payment becomes due, or it can be filed after the project is completed. However, it must be filed no later than 8 months from the last day that the party asserting the lien (the lienor) performed work or furnished materials for the project.

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.

However, a copy of the lien must be served to the owner either five days before or within 30 days after filing the notice of lien. Proof of service must also be submitted to the court within 35 days of filing the lien. Likewise, the service of process in NY should be done by a certified process server.

However, a copy of the lien must be served to the owner either five days before or within 30 days after filing the notice of lien. Proof of service must also be submitted to the court within 35 days of filing the lien. Likewise, the service of process in NY should be done by a certified process server.

What is Preliminary Notice? Preliminary notice is a notification to the owner or general contractor of a construction project to notify them that a contractor, sub-contractor, materials provider, or other party is reserving their right to file a mechanic's lien in the event of non-payment.

There is one caveat. If the work required a licensed worker, and the worker was not licensed, they cannot file a mechanic's lien.

About New York Notice of Intent to Lien Form No one wants to be forced to file a mechanics lien, and this document gives all of the parties involved one final chance to take care of the payment issues on a project. This form advises the party that a lien will be filed if payment is not received within 10 days.

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New York Pre-Lien Notice to Owner of Intention to Claim Mechanic's Lien for Services Provided