Construction Liens in New York
Contents
Overview
Sources
N.Y. Lien Law §§ 1 et seq.
Authorized Claimants
A contractor, subcontractor, laborer, materialman who performs labor or furnishes materials for the improvement of real property with the consent or at the request of the owner thereof...shall 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 as prescribed in this chapter. (New York Consolidated Laws, Lien Law - LIE § 3.)
Lien Priority
A lien for materials furnished or labor performed in the improvement of real property shall have priority over a conveyance, mortgage, judgment or other claim against such property not recorded, docketed or filed at the time of the filing of the notice of such lien (New York Consolidated Laws, Lien Law - LIE § 13.1)
Notices and Registries
Filing Deadlines
Notice of lien may be filed at any time 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 (New York Consolidated Laws, Lien Law - LIE § 10.1)
Enforcement Deadlines
No lien specified in this article shall be a lien for a longer period than one year after the notice of lien has been filed, unless within that time an action is commenced to foreclose the lien, and a notice of the pendency of such action, whether in a court of record or in a court not of record, is filed with the county clerk of the county in which the notice of lien is filed or unless an extension to such lien, except for a lien on real property improved or to be improved with a single family dwelling, is filed with the county clerk of the county in which the notice of lien is filed within one year from the filing of the original notice of lien, continuing such lien and such lien shall be re-docketed as of the date of filing such extension A lien on real property improved or to be improved with a single family dwelling may only be extended by an order of a court of record, or a judge or justice thereof (New York Consolidated Laws, Lien Law - LIE § 17)
