In the state of New York, builders and materials suppliers looking to secure their rights to lien on a given property must follow state procedures for establishing these legal rights. In doing so, contractors and materials suppliers can ensure compensation for materials and services rendered in the event of non-payment.
Primary contractors in the state of New York seeking to secure lien rights must file notice of lien and must serve property owner with notice of intent to lien in event of non-payment five (5) days before or thirty (30) days after filing lien with county clerk. Primary contractors must also file notice of lien and proof of service with clerk within thirty-five (35) days. In order to make claims on lien, the lien must be filed no later than eight (8) months after the last date the primary contractor rendered services to site. Any action to foreclose on lien claim must start not later than one (1) year after original lien filing date with notice of pendency being served no later than thirty (30) days prior to service summons.
Sub contractors in the state of New York wishing to secure lien rights must serve notice of lien to both owner and primary contractors no less than five (5) days prior or thirty (30) days after filing notice of lien with county clerk. Additionally, proof of service documents must be served to the clerk not later than thirty-five (35) days after last notice was filed. Similar to prime contractors, sub contractors wishing to make claims on liens must file lien no later than eight (8) months after last date on site. Actions for enforce claim on lien must occur within one (1) year alongside a notice of pendency that must be filed no less than thirty (30) days before filing service of summons.
Materials suppliers in New York follow the exact same pattern as sub contractors when securing their rights to lien on a property. These main events include: