07/04/06 @ 01:07:42 pm by admin
Although most contractors are aware that disputes with a homeowner can result in frustration, annoyance, and nonpayment, many contractors are unaware that they can file a lien against the homeowner's property.
Such a lien, called a mechanic's lien in New York, can make it hard or impossible for a homeowner to sell the property while the lien is in place and may even enable the contractor to institute a foreclosure proceeding against the homeowner.
When should a contractor file a mechanics lien?
A mechanic's lien must be filed within eight (8) months from the last date labor or materials were provided; four (4) months if the property is a single family home.
What if the general contractor was paid?
If a subcontractor files a mechanic's lien against the homeowner and the general contractor had been paid, the homeowner will have a defense against the mechanic's lien. The solution is for the subcontractor to file a mechanic's lien while doing the work or as soon as a problem is detected.
What kind of improvements must be made before a mechanic's lien can be filed?
The improvements must be permanent in nature. A mechanic's lien will not attach where materials are supplied for a temporary improvement.
How long is the mechanic's lien effective?
A New York mechanic's lien is effective for one year from the date of filing, unless an action is commenced during that period. The lien can otherwise be continued by a court order.
How much does it cost?
Costs:
Filing Fee: $35.00
Attorney Fee: $365.00
Need a Mechanic's Lien Lawyer?
If you need a Mechanic's Lien Lawyer please call (716)-656-7676 for a free phone counsultation or HERE for a free web consultation. The first consultation is always free, and you will always speak directly to Stephen K. Underwood.
Categories: Contractors
Need an Mechanic's Lien Lawyer in New York?
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