Mechanic’s Liens

NY Mechanic’s Lien LawyerNY Mechanic’s Lien Lawyer

Phone: (212) 571-6848

 

Mechanic’s Lien Lawyer

•Mechanic’s Lien Lawyer Representing Contractors and Property Owners Throughout New York State

•We help contractors file, enforce & foreclose Mechanic’s Liens.

•We help property owners vacate, discharge or bond Mechanic’s Liens.

The Law Offices of Michael W. Goldstein represents its clients in diverse New York Mechanic’s Lien and contractor disputes.

Our Mechanic’s Lien Lawyer represent general contractors, subcontractors, and material suppliers in filing Mechanic’s Liens, extending Mechanic’s Liens, foreclosing on Mechanic’s Liens, and negotiating Mechanic’s Lien disputes.

We also represent property owners who are faced with a Mechanic’s Lien filed against their property. Our legal services may include preparing and filing a Petition to vacate the Mechanic’s Lien, bonding the Mechanic’s Lien, negotiating with the contractor’s attorney, representing our client at mediation or arbitration hearings, as well as other means of Mechanic’s Lien dispute resolution.

Our experienced New York Mechanic’s Lien Lawyer and Real Estate Lawyer provides comprehensive legal services relating to Mechanic’s Liens, as well as litigation, arbitration and mediation of construction claims and disputes and Mechanic’s Liens.

Information About New York Mechanic’s Liens Provided By Our Mechanic’s Lien Lawyer

In New York State, when a general contractor, sub-contractor, or material supplier has not been paid for the material or labor provided for a construction or renovation project, a Mechanic’s Lien may be filed against the property. The Mechanic’s Lien is recorded at the county clerk’s office where the property is located, and a Notice of Mechanic’s Lien is served on the property owner to notify the owner that a lien has been filed against the property. When a Mechanic’s Lien is filed against the property, it becomes more difficult for the owner to sell or refinance the property, without paying the claimed debt underlying the lien.

In New York State, a Mechanic’s Lien will automatically terminate after one year, if it is not extended within the one year period, unless a lawsuit to foreclose the Mechanic’s Lien is filed within one year from the date that the Mechanic’s Lien was filed

A one year extension of the term of the Mechanic’s Lien can be obtained without commencing a lawsuit to foreclose on the Mechanic’s Lien.  The required procedure to obtain a one year extension depends on the type of property involved.  It may be as simple as filing a one year extension with the county clerk’s office, or it may require a Petition to extend the duration of the Mechanic’s Lien.

Although obtaining an extension of the Mechanic’s Lien does not legally compel the property owner to pay the claimed outstanding sum of money, it does continue the legal effect of the lien against the property. Therefore, if the term of the Mechanic’s Lien is extended for a second year, the property owner who has bonded the lien will be required to pay for an additional year’s premium on the surety bond.

If the property owner does not pay the amount claimed due for material and labor, the party who filed the Mechanic’s Lien may commence a lawsuit to foreclose on the Mechanic’s Lien.

Mechanic’s Lien May Protect General Contractors, Sub-contractors and Material Suppliers

General contractors, sub-contractors and material suppliers may file a Mechanic’s Lien to protect their rights and their ability to get paid for their work.

When our experienced Mechanic’s Lien Lawyer represents general contractors, subcontractors, or material suppliers seeking payment for materials and/or labor provided to a property owner, we can provide legal services to assist our client in the following:
• Filing Mechanic’s Liens
• Extending Mechanic’s Liens
• Enforcing Mechanic’s Liens
• Negotiation and settlement of outstanding claims by contractors, subcontractors and material suppliers
• Mediation or Arbitration of outstanding claims by contractors, subcontractors and material suppliers

Protection for Property Owners Faced With A Mechanic’s Lien

Mechanic’s Liens are sometimes filed by dishonest contractors as an aggressive tool in an attempt to extract unwarranted sums of money from the property owner.

When our experienced Mechanic’s Lien Lawyer represents property owners against whom a Mechanic’s Lien has been filed, we can provide legal services to assist our client in the following:
• Legal proceeding to vacate a Mechanic’s Lien by posting a bond or undertaking
• Legal proceeding to vacate an improper, defective or exaggerated Mechanic’s Lien
• Negotiation and resolution of the dispute that gave rise to the Mechanic’s Lien
• Settlement of outstanding claims by contractors, subcontractors and material suppliers
• Mediation or Arbitration of outstanding claims by contractors, subcontractors and material suppliers

When faced with a Mechanic’s Lien, the property owner has several options including:
• pay the amount claimed
• send written notice demanding that the general contractor remove the lien (if the contract between the property owner & the general contractor requires the general contractor to remove the Mechanic’s Lien)
• request that the court discharge the Mechanic’s Lien, if it appears that the lien is defective (i.e., the lien is for items, such as profit, that are not lienable labor or materials, or the lien incorrectly names the owner of the property, or the lien was not timely filed)
• bond the Mechanic’s Lien, by purchasing a surety bond in the amount of 110% of the amount of the Mechanic’s Lien, and filing the bond and various other required documents with the County Clerk’s office. After the Mechanic’s Lien is bonded, the lien is considered “discharged” because the contractor’s remedy is to foreclose against the surety bond, instead of the property.
• On private non-governmental construction projects, at any time before the contractor starts a lawsuit to foreclose on the Mechanic’s Lien, the property owner or contractor may discharge the Mechanic’s Lien by depositing with the county clerk where the lien is filed, a sum of money equal to the lien amount plus interest to the date the money is deposited. If the contractor has already filed a lawsuit to foreclose the Mechanic’s Lien, the property owner or contractor may discharge the Mechanic’s Lien by paying into court the sum of money that the judge determines to be sufficient to pay any judgment which may be recovered in the lawsuit (Lien Law § 20)
• Mediate or Arbitrate the outstanding claims by contractors, subcontractors or material suppliers

Construction and Renovation Disputes

Our New York Mechanic’s Lien Lawyer has the expertise to attempt to resolve disputes among general contractors, subcontractors, material suppliers and property owners without resorting to litigation. When litigation is unavoidable, our NY Mechanic’s Lien Lawyer is prepared to represent our clients in litigation arising from construction project claims, including Mechanic’s Liens.

Lawsuit to Foreclose on a Mechanic’s Lien, and Notice of Pendency (formerly“Lis Pendens“)

When a contractor, subcontractor or material supplier commences a lawsuit to foreclose on a Mechanic’s Lien, a Notice of Pendency (formerly referred to as a “lis pendens“) is also filed against the property, in order to put everyone on notice that a lawsuit to foreclose a Mechanic’s Lien is pending against the property. This warns potential buyers or lenders that a potential judgment may adversely affect the title to the property.

Why Choose Our New York Mechanic’s Lien Lawyer to Represent you in a Construction or Renovation Dispute or Mechanic’s Lien?

High Quality Legal Representation For Your Mechanic’s Lien Matter

Our New York Mechanic’s Lien Lawyer has the ability and experience to protect the legal rights of our clients, whether they are the property owner, or the contractor, subcontractor or material supplier. Michael W. Goldstein is a Mechanic’s Lien Lawyer representing clients in New York State, throughout New York City including Manhattan, Brooklyn, Bronx, Queens, Staten Island, and Long Island, Nassau County, Suffolk County, Westchester, Rockland and upstate New York.

When you retain our law firm, you can be assured that you have a New York Mechanic’s Lien Lawyer who will aggressively and effectively enforce and protect your legal rights. In addition, we will give you unbiased information which can assist you in determining your most efficient strategy.

Since we do not exclusively represent either property owners or contractors, we have the advantage of being fully familiar with the legal maneuvering that may be utilized by our opponent, and how best to represent our client’s interests.

Legal Fees And Value To Our Clients

We believe that we provide excellent value because our professionalism is among the highest, while our fees are middle of the road.” We cater to those clients who appreciate this high level of legal representation, and understand that all New York Mechanic’s Lien law lawyers are not the same.

Tell Us About Your Case Or Legal Matter

If you are in need of an aggressive and experienced New York Mechanic’s Lien Lawyer, click Contact Us to tell us about your case. You may also call Michael W. Goldstein to discuss your case by telephone, or to schedule a consultation at our office.

General Disclaimer

Visiting our website, submitting any information via questionnaire or email, or discussing your case with us does not create an attorney-client relationship. An attorney-client relationship with our law firm can only be established with the signing of a written retainer agreement prepared by our law firm.

New York Mechanic’s Lien Lawyer Disclaimer

The information in this website involving New York Mechanic’s Lien Law, NY Mechanic’s Liens or other New York legal information contained in this website is not intended to constitute legal advice, nor to create an attorney-client relationship or lawyer-client relationship. We recommend that you discuss your NY Mechanic’s Lien Law matter with a NY Mechanic’s Lien lawyer or New York Mechanic’s Lien attorney promptly.

Prior results do not guarantee or predict a similar outcome with respect to any future case or legal matter.

This website is not intended to solicit clients for Mechanic’s Liens outside of New York State. However, we do represent clients who live outside of New York State, and are involved with a Mechanic’s Lien in New York State, or who need legal services for a New York Mechanic’s Lien.

New York Mechanic’s Lien Lawyer representing Mechanic’s Lien clients in New York City, Manhattan, Bronx, Brooklyn, Queens, Staten Island, Long Island, Nassau County, Suffolk County, Westchester County, Rockland County and upstate New York.

Law Offices of Michael W. Goldstein

New York Real Estate, Business Law, and New York Mechanic’s Lien Lawyer

Attorney Advertising