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New York Demand for Itemized Statement by Corporation

Queens New York Demand for Itemized Statement by Corporation

Category:

Liens - Construction - Mechanics

State:

New York

County:

Queens

Control #:

NY-07A-09

Format:

Instant download

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Description

A property owner or contractor may issue a written demand using this form that the party who filed a notice of lien statement provide an itemized statement of labor and/or material provided, including the value or cost of said labor and materials. The lien holder is required to respond with an itemized statement within five (5) days, or the owner or contractor may petition the court to order such a statement to be produced. Failure to respond to the order of the court may result in the nullification of the lien.

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How to fill out New York Demand For Itemized Statement By Corporation?

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FAQ

The lien law in New York protects the rights of contractors, subcontractors, and suppliers to claim unpaid debts on construction projects. It provides procedures for filing mechanics liens, ensuring fair compensation for services rendered. Understanding this law is important for anyone engaged in construction-related work in New York. For more detailed information and resources, including claims related to the Queens New York Demand for Itemized Statement by Corporation, USLegalForms can be an excellent resource.

Contractors in New York must file a lien within eight months from the last day of work or delivery of materials on a project. This short time frame emphasizes the need for vigilance and planning. If you need assistance with this process, consider utilizing the USLegalForms platform to ensure your filing is completed correctly and promptly, especially when connected to a Queens New York Demand for Itemized Statement by Corporation.

In New York, you have a limited time frame to file a lien, which is generally within eight months after the last work was performed or materials supplied on the property. Being timely is vital to protect your rights and secure your claim. For businesses and contractors in similar situations, utilizing platforms like USLegalForms can help ensure timely filings and compliance with legal requirements.

Lien Law 38 in New York pertains to the rights of parties involved in a construction project to secure a payment claim. This law specifies the requirements for filing a mechanics lien, ensuring protections are in place for contractors and suppliers. Understanding this law is crucial when navigating the complexities of lien filings, including making a Queens New York Demand for Itemized Statement by Corporation.

Yes, liens do expire in New York. Generally, a mechanics lien remains valid for one year from the date it was filed. However, it's vital to verify specific conditions associated with your lien, as circumstances can lead to quicker expiration. If you're unsure, seeking guidance about the Queens New York Demand for Itemized Statement by Corporation can clarify your situation.

To file a mechanics lien in New York City, you need to prepare the lien form accurately, ensuring all information is correct. It is essential to include the property details and your claim amount. Then, file the lien with the appropriate county clerk's office, as this formalizes your claim. For assistance and templates, you can consider using the USLegalForms platform to streamline the process.

If you wish to sue for more than $10,000 in New York, you must file your case in a higher court, such as Supreme Court. This process can be more complex than Small Claims Court, requiring careful preparation of legal documents. Seeking legal assistance can be beneficial, especially when addressing demands for itemized statements from corporations in Queens, as a well-structured approach often yields better outcomes.

Yes, you can take someone to Small Claims Court for a claim as low as $1. However, you must ensure that the claim is worth pursuing, as the process involves time and resources. If your dispute includes demands for itemized statements from corporations, it's prudent to consider whether the effort justifies the potential return.

While the outcomes can vary, reports indicate that tenants often experience success in Small Claims Court. Common factors influencing success include clear documentation and a solid grasp of the circumstances, including any demands for itemized statements. Utilizing resources like USLegalForms can help tenants prepare compelling cases, particularly when addressing issues related to a Queens New York Demand for Itemized Statement by Corporation.

In NYC, you can sue for amounts up to $10,000 in Small Claims Court. This court provides a straightforward process for individuals to resolve disputes efficiently. If your claim involves seeking an itemized statement from a corporation in Queens, this limit allows you to pursue your case without complicated legal proceedings.

Interesting Questions

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Demand for Itemized Statement by Corporation

Note: This summary is not intended to be an all inclusive discussion of New York's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can file a lien in this State?

New York law permits "A contractor, subcontractor, laborer, materialman, landscape gardener, nurseryman or person or corporation selling fruit or ornamental trees, roses, shrubbery, vines and small fruits, who performs labor or furnishes materials for the improvement of real property with the consent or at the request of the owner thereof, or of his agent, contractor or subcontractor, and any trust fund to which benefits and wage supplements are due or payable for the benefit of such laborers, to have a lien for the principal and interest, of the value, or the agreed price, of such labor, including benefits and wage supplements due or payable for the benefit of any laborer, or materials upon the real property improved or to be improved and upon such improvement, from the time of filing a notice of such lien..." N.Y. Lien Law Â§3.

How long does a party have to file a lien?

A notice of lien may be filed at anytime 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 furnished; provided, however, that where the improvement is related to real property improved or to be improved with a single family dwelling, the notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within four 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 furnished. N.Y. Lien Law Â§10.

What kind of notice is required prior to filing a lien?

"Within five days before or thirty days after filing the notice of lien, the lienor shall serve a copy of such notice upon the owner, if a natural person, (a) by delivering the same to him personally, or if the owner cannot be found, to his agent or attorney, or (b) by leaving it at his last known place of residence in the city or town in which the real property or some part thereof is situated, with a person of suitable age and discretion, or (c) by registered or certified mail addressed to his last known place of residence, or (d) if such owner has no such residence in such city or town, or cannot be found, and he has no agent or attorney, by affixing a copy thereof conspicuously on such property, between the hours of nine o'clock in the forenoon and four o'clock in the afternoon; if the owner be a corporation, said service shall be made (i) by delivering such copy to and leaving the same with the president, vice-president, secretary or clerk to the corporation, the cashier, treasurer or a director or managing agent thereof, personally, within the state, or (ii) if such officer cannot be found within the state by affixing a copy thereof conspicuously on such property between the hours of nine o'clock in the forenoon and four o'clock in the afternoon, or (iii) by registered or certified mail addressed to its last known place of business. Failure to file proof of such a service with the county clerk within thirty-five days after the notice of lien is filed shall terminate the notice as a lien." N.Y. Lien Law Â§10.

How long is a lien good for?

"Any lien created under New York law shall be a lien for a period longer than one year after the notice of lien has been filed, unless within that time an action is commenced to foreclose the lien, ..." or the appropriate steps are taken to request that the court grant an extension. N.Y. Lien Law Â§17.

Are liens assignable?

Yes. New York statutes provide for the assignment of valid liens. The assignment must be in writing and acknowledged by the lien holder. N.Y. Lien Law Â§13.

Does this State require or provide for a notice from subcontractors and laborers to property owners?

Yes. A contractor working on a public improvement may issue a written demand that a state agency provide a notice of completion and acceptance. Also, a subcontractor or other party who furnishes labor and or materials for the improvement of property may issue a demand to the owner or contractor demanding that the owner or contractor provide a statement of the terms of the contract between the owner and the contractor.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Yes. Under New York law a property owner whose property has been the subject of a notice of lien may demand in writing that the lien claimant provide an itemized statement of the labor and/or materials provided and their value.

Does this State require a notice prior to starting work, or after work has been completed?

No. New York statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. New York statutes do not have a provision which permits the denial of responsibility for improvements.

Is a notice attesting to the satisfaction of a lien provided for or required?

No. New York statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect.

By what method does the law of this State permit the release of a lien?

A lien claimed under New York law may be discharged by the issuing of a certificate by the lien holder, filed in the court where the lien notice was filed, acknowledging the satisfaction and release of said lien. Otherwise, the lien will dissolve automatically within one year of filing if no legal action is taken to foreclose on said lien.

Does this State permit the use of a bond to release a lien?

Yes. New York law permits a party with an interest in the property in question to file a bond in the amount unpaid under the contract.