Questions Often Asked About Construction Litigation In New York
Is There A Waiting Period To File A Mechanic’s Lien?
If you have not received payment for construction work done or materials furnished for a building remodel or home improvement project, you may file a mechanic’s lien against the property owner for payment owed during any phase of the construction project. You have up to eight months following the completion of the project or contract or delivery of materials to file the lien. However, for single-family dwelling projects, the time is reduced to four months.
What Is Required To File A Mechanic’s Lien?
You will need to gather a copy of the signed contract along with clear documentation of the work that was completed, and all the costs involved. This includes the amount of the money owed to all parties involved such as workers and subcontractors as well as the cost of material provided. If the job is not complete, you may also give an estimate of the percent of work completed. You will also need to supply the address or description of the property at issue.
Where Are Mechanic’s Liens Filed?
Notices of mechanic’s liens must be filed with the county clerk where the property is located. Each county may have distinct requirements for filing a mechanic’s lien. It is best to consult with a construction litigation attorney to ensure the lien is properly filed.
Who Can File A Mechanic’s Lien?
Generally, individuals and businesses including contractors, subcontractors, laborers, landscapers and others who are not paid for the work completed or materials supplied for the project as agreed may file a mechanic’s lien against the property owner.
What Is A Payment Bond?
Depending on the nature of the job, contractors may be required to obtain several types of surety bonds, including a payment bond, to ensure subcontractors, workers and material suppliers are paid for the work done on a construction site.
When Should I Hire An Attorney For A Construction-Related Dispute?
Numerous misunderstandings arise during any construction project. Unresolved conflict can be costly to your project. Seeking legal guidance as soon as a dispute emerges is often the most efficient way to ensure projects are completed as agreed upon and in a timely manner.
Where Can I Find An Experienced Construction Litigation Attorney?
At Todd & Levi, L.L.P., our attorneys represent plaintiffs and defendants in matters involving contractors, subcontractors, equipment and material suppliers in New York. Our attorneys have extensive insight in resolving a wide spectrum of disagreements related to construction contracts, mechanic’s liens, payment bond claims, delivery and sale of material, and labor and service issues. We have successfully represented material suppliers, including major electrical companies, contractors and subcontractors throughout New York City and the country. Reach out to us online or call our firm at 212-308-7400.