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.
A New York Pre-open Notice to Owner of Intention to Claim Mechanic's Lien for Services Provided is a formal document sent by contractors, subcontractors, or suppliers to property owners in New York State. This notice notifies the owner that the sender has provided services or materials for a construction project and intends to file a mechanic's lien if they are not paid for their work. Keywords: New York, Pre-open Notice, Owner, Intention, Claim, Mechanic's Lien, Services Provided Types of New York Pre-Lien Notices to Owner of Intention to Claim Mechanic's Lien for Services Provided: 1. General Pre-open Notice: This notice is typically sent at the beginning of a construction project and serves as a general notification to the property owner that the sender will be providing services or materials. It lays the foundation for future lien rights if necessary. 2. Notice of Intent to File a Mechanic's Lien: This type of notice is sent when the contractor, subcontractor, or supplier has not been paid for their work. It formally notifies the property owner of the sender's intention to file a mechanic's lien if payment is not received within a specific period, usually 30 days. 3. Notice to Owner of Unpaid Balance: This notice is sent when there is an outstanding balance owed to the sender for services provided. It typically includes an itemized statement of the unpaid balance and a demand for payment within a specific timeframe. 4. Notice of Mechanic's Lien Filing: This notice is sent when the sender has followed the necessary steps and decided to officially file a mechanic's lien against the property. It informs the property owner about the lien filing and the potential consequences if the outstanding balance is not settled. 5. Notice of Release or Discharge of Mechanic's Lien: This notice is sent when the sender has received payment, either in full or in part, and wishes to release or discharge the mechanic's lien from the property. It provides documentation that the lien has been satisfied and no longer encumbers the property. It is crucial for contractors, subcontractors, and suppliers to adhere to the specific requirements outlined by New York State laws when sending these pre-lien notices. Failure to follow these guidelines could potentially jeopardize their ability to enforce a mechanic's lien.
