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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of New York's mechanic's lien laws to help you protect your right to payment.
Not required
Not required
Not required
Not required
Not required
Not required
Within 8 months after last furnishing of labor or materials (4 months for single-family residential projects)
Within 8 months after last furnishing of labor or materials (4 months for single-family residential projects)
Within 8 months after last furnishing of labor (4 months for single-family residential projects)
Within 1 year after filing
Within 1 year after filing
Within 1 year after filing
Unpaid balance of the contract with the owner
Unpaid value of labor or materials furnished
Unpaid wages for labor performed
Mechanic's lien rights in New York are governed by New York Lien Law §§ 2–39 and apply only to private construction projects. Because public projects cannot be liened, unpaid claimants must instead pursue payment through the public improvement lien process, which attaches to project funds rather than real property.
New York's lien law is largely deadline-driven and relatively straightforward compared to many states. The most notable nuances are the different lien filing deadlines based on project type and the ability for property owners to seek a court order requiring a lien claimant to enforce a lien on an accelerated timeline. Missing a required step or deadline can invalidate a lien entirely.
In New York, mechanic’s lien rights extend to most parties who contribute labor or materials to a private improvement, including:
- General (original) contractors
- Subcontractors and lower-tier subcontractors of any tier
- Material suppliers
- Equipment lessors and rental companies (when equipment is used in the improvement)
- Laborers and wage earners
- Design professionals (architects, engineers, and surveyors) whose services are used for the improvement
To qualify for a mechanic’s lien in New York, the work must contribute to an “improvement” of real property—meaning labor or materials furnished for the construction, alteration, repair, or permanent improvement of the property, as defined by NY Lien L § 2.
Here are some examples of what’s considered lienable work and what isn’t.
Lienable Work in New York
- Labor performed in construction, demolition, alteration, or repair
- Materials incorporated into the improvement of the property
- Equipment, machinery, tools, and compressed gases used on the project
- Fuel and lubricants consumed by machinery used in the improvement of the property
- Architectural, engineering, surveying, and design services
- Materials specially manufactured for the project, even if not delivered
- Site preparation, excavation, and grading
Non-Lienable Work in New York
- Work on public improvements
- Work not performed with the owner’s consent
- Pure maintenance or warranty work after completion
- Off-site services not tied to a permanent improvement
In New York, filing the Notice of Lien is what creates the lien. No prior notices are required.
Deadline to File
- Most private projects: Within 8 months after last contract completion or last furnishing for all lienors (GCs, subs, sub-subs, suppliers, laborers)
- Single-family residential projects: Within 4 months from the completion of the contract or last furnishing for all lienors
Filing Requirements
- Filing location: File the Notice of Lien with the county clerk’s office where the property is located.
- Form requirements: Per NY Lien L § 9, the lien notice must include:
- Lienor’s name and address
- Owner’s name (if known)
- Hiring party
- Description of labor or materials
- Amount unpaid
- First and last dates of work
- Property description sufficient for identification
- Verification: Claim must be verified (sworn) by the lienor or agent.
- Filing fee: Set by each county clerk and vary by county.
Service Requirements
After filing a mechanic’s lien, a copy must be served on the property owner within 30 days (service may also occur up to five days before filing) via certified mail, registered mail, or personal delivery. Proof of service must also be filed with the county clerk within 35 days after filing (NY Lien L §§ 11, 11-B).
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in New York.
Enforcement Requirements
- Enforcement deadline: The claimant must file a foreclosure lawsuit and record a notice of pendency (lis pendens) against the property within one year after the lien is filed—unless the lien is extended by court order.
- Filing location: File the foreclosure lawsuit in a court with jurisdiction over the property. File the lis pendens with the county clerk where the property is located.
- Lien priority: The court determines priority during the foreclosure action. In general:
- Mechanics’ liens share priority.
- Laborers for wages are paid before contractors.
- Priority against mortgages and other claims depends on timing and statutory rules.
Lien Release Requirements
After a lien is paid or otherwise discharged, it should be cleared from the public property records. This is done by recording a written satisfaction or release of lien with the county clerk where the lien was filed.
If a lien is not voluntarily released, the property owner or another interested party may ask the court to issue an order canceling or discharging the lien from the record (NY Lien L § 19).
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It depends. New York does not have a single, statewide contractor licensing requirement for all trades, but many local licensing laws apply—especially in New York City and other municipalities. If you were required to be licensed for the work performed and weren’t, you may have trouble enforcing your claim, thereby jeopardizing your lien rights.
Yes. New York lien rights extend beyond GCs. Subcontractors, suppliers, and others can have lien rights so long as their work is considered lienable and they follow statutory requirements.
Yes. After a mechanic’s lien is filed, an owner can ask the court to require the lien claimant to enforce the lien sooner than the normal one-year deadline. If the court orders it, the claimant may have as little as 30 days to file a foreclosure lawsuit, or the lien can be canceled (NY Lien L § 59).
No. New York does not require a Notice of Intent to Lien before recording a mechanic’s lien. While an NOI can be a practical pressure tool for payment, it’s optional.
No, New York doesn’t require anyone to submit preliminary lien notices.
No, New York doesn’t provide a statutory lien waiver form. However, every state has its own set of lien waiver rules; brush up on New York’s in our handy lien waiver guide.
A New York mechanic’s lien should cover only the unpaid value of labor or materials actually furnished to the improvement, minus any credits or payments. This does not include attorney or overhead fees. Willfully exaggerating a New York lien can render it void.
No, New York does not require a written contract to file a mechanic’s lien. However, a written contract makes it much easier to prove the scope, pricing, and value of what you’re owed (giving you extra protection if your lien is challenged).
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.