A mechanic’s lien is a powerful tool that protects contractors, subcontractors, and suppliers from non-payment. In New York, understanding the lien process can help both property owners and contractors navigate disputes effectively. 1. What Is a Mechanic’s Lien? A mechanic’s lien is a legal claim against a property when a contractor or supplier has not been paid for work performed. It ensures that unpaid parties have a right to compensation. 2. How to File a Mechanic’s Lien in New York To file a mechanic’s lien in New York, you must: Complete a Notice of Mechanic’s Lien form with details of the work performed and amount owed. File the lien with the county clerk where the property is located within eight months (for residential projects) or four months (for commercial projects). Serve the lien on the property owner within 30 days of filing 3. How Property Owners Can Protect Themselves Property owners can avoid mechanic’s liens by: Ensuring all contractors and subcontractors are paid on time. Requesting lien waivers before making final payments. Verifying contractor licenses and payment histories. Mechanic’s liens can be complex, so seeking legal guidance ensures compliance with New York’s strict filing deadlines and procedures.
Construction contracts are essential for setting expectations and protecting all parties involved in a project. However, legal disputes can arise when contracts are vague or fail to address potential risks. Here are some of the most common legal issues in New York construction contracts—and how to avoid them. 1. Ambiguous Contract Terms A poorly written contract can lead to misunderstandings about project scope, payment schedules, or completion timelines. To avoid disputes, ensure all terms are clearly defined, including responsibilities, deadlines, and penalties for delays. 2. Change Orders and Scope Creep Unexpected changes to a project can create conflicts if not handled properly. Always document change orders in writing, specifying the revised scope, cost adjustments, and approval process to prevent disagreements. 3. Payment Disputes Late or withheld payments are common issues in construction projects. To protect yourself, include clear payment terms, milestone-based payments, and penalties for non-payment in your contract. New York's Prompt Payment Act also provides legal remedies for unpaid contractors. 4. Mechanic’s Liens and Legal Protections If a contractor or supplier isn’t paid, they may file a mechanic’s lien on the property. To avoid this, property owners should request lien waivers from contractors upon payment, and contractors should understand their rights to file liens if necessary. A well-drafted contract minimizes risks and helps ensure smooth project execution. Consulting a construction law attorney can provide additional protection against potential legal challenges.