The lienor in consideration for final and full payment, waives and releases its lien and right to claim a lien for labor, services, or materials furnished during a certain date.
New York Waiver and Release of Lien by Contractor
State:
Multi-State
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Control #:
US-01740
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Word;
Rich Text
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FAQ
New York Lien Law § 34 provides that any contract, agreement or understanding waiving a right to file or enforce any lien is void as against public policy and wholly unenforceable.
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.
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.
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.
A contractor who is unlicensed or not authorized to do business in the State of New York may not file a mechanic's lien against a property in New York.
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.
New York Lien Law § 34 provides that any contract, agreement or understanding waiving a right to file or enforce any lien is void as against public policy and wholly unenforceable.
No, New York does not require or provide statutory forms for lien waivers. Because the form and content of lien waivers aren't regulated under New York's Lien Laws, careful attention should be given to the actual terms of the waiver to ensure you're not waiving more than intended. See: Should You Sign That Lien Waiver?
