This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New York Release of Mechanic's or Construction Lien
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Multi-State
Control #:
US-01028BG
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Word;
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How to fill out Release Of Mechanic's Or Construction Lien?
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FAQ
To foreclose on your public improvement lien, it will be necessary to commence a legal action against the City, the contractor, and any other claimants against the contractor. We advise that you consult with legal counsel. Authorities such as Transit, Housing, and School Construction handle their own liens.
The mechanics lien remains valid for one year provided the affidavit of service of lien is properly completed and filed. The one year time period is measured from filing in the County Clerks Office.
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.
New York requires that a copy of the lien be served on the owner of the property, the prime contractor, and the hiring party (if the claimant didn't contract directly with the prime contractor). The copy of the lien must be served within 5 days before, or before 30 days after filing the notice of lien.
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.
If you work or provide material to a contractor or subcontractor of a public improvement project for the City, you can file a Notice of Lien. A lien is a legal claim against property for outstanding debt. You can file the notice before the project is completed or within thirty days of completion.
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.
The mechanics lien remains valid for one year provided the affidavit of service of lien is properly completed and filed. The one year time period is measured from filing in the County Clerks Office.