New York Mechanic’s Lien Attorney

New York Mechanic's Lien Attorney

New York Mechanic’s Lien Attorney
Call (212) 571-6848

 

New York Mechanic’s Lien Attorney | We Represent Contractors and Property Owners

Mechanic's Lien Lawyer

Our New York Mechanic’s Lien Attorney has extensive experience reviewing, drafting and filing Mechanic’s Liens, and representing contractors and property owners in Mechanic’s Lien lawsuits.  Our experience representing both contractors and property owners gives us a tactical advantage, regardless of whether our client is a contractor or a property owner.

When we are representing a contractor, we carefully prepare, serve and file a New York Mechanic’s Lien making sure to comply with all the technical New York legal requirements.  Thereafter, our goal is to either negotiate a settlement of the balance owed to the contractor, or enforce the New York Mechanic’s Lien by lawsuit..

When we are representing a property owner faced with a New York Mechanic’s Lien, we carefully review the Mechanic’s Lien in order to find defects or other instances of failure to comply with the New York legal requirements.  Thereafter, our goal is to either take legal steps to obtain a court order vacating the Mechanic’s Lien, or to negotiate a settlement acceptable to our client.

Experienced New York Mechanic’s Lien Attorney Protects Contractor’s Legal Rights

If you are a contractor who has not been paid for the materials or labor you have provided for a demolition, renovation, or construction project anywhere in New York State, we can help you.  We routinely negotiate New York contractor disputes, carefully prepare afile mechanic’s liens, and litigate legal actions to foreclose mechanic’s liens in New York.  If you already filed a New York mechanic’s lien, and the expiration date is approaching, our experienced New York Mechanic’s Lien Attorney can help you to extend the mechanics lien or to commence litigation to foreclose on the mechanic’s lien prior to its expiration date.

The New York Mechanic’s Lien Law governs the filing and enforcement of Mechanic’s Liens. The contractor can obtain a form for a Mechanic’s Lien, however there are many technical requirements for properly preparing, filing and serving the Mechanic’s Lien in New York State. If the NY Mechanic’s Lien is not prepared, filed, or served correctly, it may be held invalid. Having an experienced NY Mechanic’s Lien lawyer prepare the Mechanic’s Lien, rather than doing it yourself, is probably a good investment of several hundred dollars.

If you are a contractor who has received a complaint made to the Department of Consumer Affairs, our law firm can help you to defend your company in that proceeding.  Our New York Mechanic’s Lien law firm can represent you at the Department of Consumer Affairs proceedings, including mediation or arbitration

Experienced New York Mechanic’s Lien Attorney Protects Property Owner’s Legal Rights

If you are a homeowner or other property owner faced with a mechanic’s lien filed against your property, or a contractor dispute, and any other stage, we can help you.  Our New York Mechanic’s Lien law firm represents property owners in negotiating contractor disputes as well as litigating to vacate improperly filed or otherwise invalid NY mechanic’s liens.  If you are planning to make a complaint to the Department of Consumer Affairs about the work performed by a contractor, our firm can assist you in preparing the complaint and in representing you and the Department of Consumer Affairs proceedings, including mediation or arbitration.

Filing a Mechanic’s Lien in New York

The New York Mechanic’s Lien Law specifies many technical requirements for a NY Mechanic’s Lien to be valid. If it is not properly drafted, filed or served, the Mechanic’s Lien may be unenforceable.

Does a New York Mechanic’s Lien Expire?

Yes, a New York Mechanic’s Lien expires one year after it is filed, unless it is extended, or a lawsuit to enforce the Mechanic’s Lien is filed before the Mechanic’s Lien expires.

Can a New York Mechanic’s Lien Be Extended?

Mechanic's Lien Lawyer

Yes, before the expiration date of a New York Mechanic’s Lien, it can be extended for one year from the date of the extension. For some types of properties, that can be done by simply filing a document extending the Mechanic’s Lien, but for other types of properties, the lienor needs to make an application to the court for an order extending the Mechanic’s Lien. This may also require a court appearance before the judge before an order extending the Mechanic’s Lien may be issued. Keep in mind that an extended Mechanic’s Lien expires one year from the date of the extension. Since the extension is often done a number of days or weeks before the one year anniversary of the filing of the Mechanic’s Lien, the extension may expire earlier than 2 years from the date that the Mechanic’s Lien was initially filed.

How is a New York Mechanic’s Lien Enforced?

Mechanic's Lien Lawyer

A New York Mechanic’s Lien provides certain protection for the contractor filing the lien, but simply filing a New York Mechanic’s Lien does not force the property owner to pay the contractor. In order to compel the property owner to pay the contractor the amount of the lien, the contractor will need to enforce the Mechanic’s Lien, by bringing a lawsuit to foreclose on the Mechanic’s Lien. The property owner may raise various defenses to the contractor’s lawsuit. Both the contractor and the property owner should be represented by experienced New York Mechanic’s Lien lawyers.  Our New York Mechanic’s Lien lawyer has represented many contractors and property owners in  New York Mechanic’s Lien litigation.

Can A New York Mechanic’s Lien Be Vacated?

Under certain limited circumstances, the property owner may file a Petition to vacate a New York Mechanic’s Lien. In order to successfully vacate the Mechanic’s Lien, the property owner will need to satisfy the grounds in the New York Lien Law that would require the Mechanic’s Lien to be vacated. For example, the property owner might be able to prove certain technical defects in the Mechanic’s Lien, or in the service of the Mechanic’s Lien, or that the Mechanic’s Lien was not timely filed, or that the Mechanic’s Lien was exaggerated. If any of these defects exist, our experienced New York Mechanic’s Lien lawyer may be able to get the New York Mechanic’s Lien vacated.

New York Construction and Renovation Contracts

In addition to representing property owners and contractors in disputes, mechanic’s lien litigation and Department of Consumer Affairs proceedings, we also represent property owners and contractors who are about to enter into a contract for renovation or construction.

We firmly believe that a well drafted contract is the best protection for both the contractor and the homeowner.  When our firm is hired to represent either party during the contract negotiation stage, we do our best to ensure that our client’s expectations are in conformity with the other party’s intentions, and that these expectations are clearly set forth in the written contract signed by all parties.  The extra care and attention to details that we devote, and the carefully drafted provisions that we incorporate into the contracts that we negotiate and draft may result in substantial savings in legal fees as well as monetary expenses that might otherwise arise from ambiguities in the party’s written agreement.

Those ambiguities and vague provisions that are in so many renovation contracts often lead to irreconcilable disputes and possibly litigation.  It is our goal to prevent those disputes and litigation at the initial stage, when the parties are negotiating the terms of the renovation project.

Contact Us to Explore the Ways That An Experienced New York Mechanic’s Lien Attorney Can Help You

If you think that you might benefit from the professional legal services that we offer, we invite you to contact our law firm to explore the ways that a New York Mechanic’s Lien Attorney can help you.

We also invite you to click on the following link for more information about our New York Mechanic’s Lien Attorney.

Click New York Mechanic’s Lien Attorney to see how an experienced New York Mechanic’s Lien Attorney can represent you in your Breach of Contract Dispute, Department of Consumer Affairs proceeding, Mechanic’s Lien Filing, or Mechanic’s Lien Litigation.

Law Offices of Michael W. Goldstein

New York Mechanic’s Lien Attorney

299 Broadway
Suite 800
New York, New York 10007

Phone: (212) 571-6848

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