Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in New York
New York
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
New York Quick Overview
| Pursuant Code | NY Lien Law §§ 1 et seq. | |
| Prelien Required for Private/Commercial Projects | No, but may be beneficial | |
| Prelien Required for Public Projects | No | |
| NY Statutory Relief | Unpaid Balance | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 6 months to 1 year | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | ||
| Prelien Minimum Information | The notice must include claimant name and address, amount claimed, description of labor or materials provided, dates of furnishing, property description, and owner details. | |
| Prelien Minimum Notifications | Owner (required); Contractor/Subcontractor/Assignee or Legal Representative (recommended) | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | yes |
Understanding the Prelien Process on Construction Projects in New York by Role
New York does not require a separate preliminary notice to secure lien rights. Instead, a Notice of Lien must be filed and served within strict statutory deadlines after last furnishing work or materials.
Possible Exceptions, Special Circumstances, and Caveats in New York
Residential: Shorter lien filing deadline of 4 months applies to single-family residential projects.
Retainage: A lien for retainage may be filed within 90 days of the date that retainage was due to be released.
Mechanic's Liens in New York
In New York, a mechanic's lien may be filed at any time during the progress of work or up to 8 months after completion of work or furnishing of materials (4 months for single-family residential). The notice must be served on the owner either within 5 days before or 30 days after filing, and proof of service must be filed with the county clerk within 35 days of filing the lien. A foreclosure action must be initiated within 1 year of filing the lien, and a lis pendens should be filed within 30 days thereafter.
Bond Claims in New York
New York does not have a comprehensive statutory bond claim process for public projects akin to the federal Miller Act. Instead, claimants must look to the terms of the payment bond issued on a specific public project. Public Construction Law §137 (for state-level contracts) requires a bond for contracts over $100,000 and allows for claims by subcontractors and suppliers who are not in privity with the public entity. Notice and timeframes vary by bond terms, but a common deadline for enforcement actions is one year after last furnishing.
Construction Lien Waivers in New York
Required Format: New York does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: New York does not require waivers to be notarized.
Lien waivers in New York are not regulated by statute. Waivers can be executed voluntarily in exchange for payment, but advance or conditional waivers may be unenforceable if they conflict with public policy or contract law.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in New York counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in New York
Frequently Asked Questions (FAQs) on New York Lien Processes for Contractors
Do I need to send a preliminary notice to protect lien rights in New York?
No separate preliminary notice is required. However, a Notice of Mechanic's Lien must be properly filed and served to secure lien rights.
How long do I have to file a mechanic's lien in New York?
You must file a lien within 8 months of last furnishing labor or materials (4 months for single-family residential projects).
Who must I serve when filing a lien in New York?
The lien must be served on the property owner and the contractor or party who hired you. Proof of service must be filed within 35 days.
Is there a deadline to enforce a mechanic's lien in court?
Yes, you must initiate a lien foreclosure action within 1 year after the lien is filed.
Can I claim a lien for retainage amounts not yet released?
Yes, a separate lien for retainage can be filed within 90 days after the retainage was due to be released.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
