NEW YORK CITY AND WESTCHESTER MECHANICS LIEN ATTORNEYS YOU DID THE JOB- NOW LETS GET YOU PAID
MECHANICS LIENS WORK
Our New York City and Westchester commerical litigation attorneys who represent contractors know that mechanics liens are a powerful tool to help contractors get paid for the work they did. Our New York mechanic lien lawyers know that property owners often think they don't have to pay for all the work contrators do, or that they can ignore extras. Another common problem is when property owners don't make the progress payments, then tell the contractor that they have to finish the job to get paid.
If you did a job and didn't get paid, call our NYC and Westchester Mechanics lien lawyers today for a free consultation. Our attorneys often take mechanic lien cases on contingency, because after you have already gotten stiffed for a job, you shouldn't have to put out more money, just to get the money, you are owed.
WHAT IS A MECHANICS LIEN
A mechanics lien is a form that a contractor who has done any improvment on real property, by performing labor or materials, can file with the County Clerk, The lien attaches to the property and prevents the sale or refinance of the property until the lien is satisfied or bonded. There are a number of highly technical steps towards filing a mechanics lien, including proper service of the mechanic's lien upon the property owner and filing an affidavit of service with the county clerk. If the steps are not done correctly, your mechanics lien may be void. So hire an attorney with experience in pursuing and litigating mechanics liens.
HOW LONG DO I HAVE TO FILE A MECHANICS LIEN?
A contractor has eight months to file a mechanic’s lien from the last day they furnished services on a commercial. If the property is a single family home, however, then they have to file it within four months of the last date in which they rendered service.
ENFORCING THE MECHANICS LIEN
One of the questions that our mechanic's lien attorneys are asked is "How Does Someone Actually Enforce A Mechanic's Lien And Get Paid?" Once a lien is filed, that blocks any sale or refinance of the property. If a homeowner or a property owner wants to sell the property or refinance the property, they have to reach out and actually obtain a satisfaction from the contractor. After a year, the contractor has to enforce the lien by going to court and asking for an order to foreclose the lien, to sell the property, and pay the lien. Usually when that happens, it will generate interest into settling their case.
WHAT HAPPENS WHEN A MECHANICS LIEN IS BONDED
A bonded mechanic’s lien is where an owner will actually files a bond with the county clerk, which removes the lien from the property. This allows the property owner to remove the lien from the property, but it requires them to pay funds to an insurance company to purchase the bond. Once a bond is filed, the contractor can sue for the mechanic's lien, and file suit directly against the bond company to recover the amount of money that they are owed. New York's lien law requires that the property owner file a bond for 110% percent of the amount of money owed on the mechanic's lien, so that the contractor is protected. Once a mechanic's lien is filed, it has to be foreclosed, (sued on) within a year or it can be removed from the property, unless a motion is made in the Court to extend it. So a lot of contractors opt to wait out the contractor, which is why are mechanics lien attorneys are aggressive and move quickly to file the mechanics liens and file suit.
FOR A FREE CONSULTATION WITH OUR MECHANICS LIEN ATTORNEYS
FOR OUR NYC OFFICE: 212-858-0503
FOR OUR WESTCHESTER OFFICE: 914-574-8330
THEY STILL DIDN'T PAY AFTER THE MECHANIC'S LIEN WAS FILED- NOW WHAT? OUR NYC AND WESTCHESTER MECHANICS LIEN ATTORNEYS GO TO COURT
YOU ONLY HAVE ONE YEAR DON'T LET THEM WAIT YOU OUT
Many sophisticated property owners will try and wait you out. If you do not file a lawsuit to foreclose a mechanics lien within a year, you must make a motion in Court to extend the lien. It is the same cost to file a lawsuit to foreclose the lien, so our Westchester and NYC Mechanics lien lawyers know that it is better to just file the lawsuit.
If the property owner still didn't pay you, even after you filed a mechanics lien, then it is time to go to Court.
WHAT HAPPENS IF I LET THE MECHANICS LIEN LAPSE OR I DIDN'T FILE ONE ?
Our New York commerical litigation lawyers know that a mechanics lien is only one method to pursue your right to payment. If you neglected to file a mechanics lien or it lapsed, you can still sue for breach of contract or quantum meruit (recovery for value of services provided). New York law allows you to sue for breach of contract for six years after the breach. So even if you did not file a mechanics lien at all, that does not mean you are out of luck, you still have remedies to get paid.