Legal Question in Constitutional Law in New York

mechanics lean

i am an interior designer who preformed planning & design services for a commerical bowling alley, the client racked up many hours of design time and now does not want to pay the bill. We have a contract which we followed and he just keep delaying the payments. Now he owes us 11,000 +/- Can i put a lean on his project to delay his progress till he pays me fairly for the hours i put into his project?

Asked on 9/27/08, 5:08 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: mechanics lean

Under section 3 of the NY Lien Law, "A contractor, subcontractor, laborer, materialman, landscape gardener, nurseryman or person or corporation selling fruit or ornamental trees, roses, shrubbery, vines and small fruits, who performs labor or furnishes materials for the improvement of real property."

As an interior designer, you are not performing labor or furnishing materials for the improvement of real property - unless you were actually constructing the bowling alley. Therefore, you would not be entitled to file a lien.

However, that does not mean you are not entitled to be paid for your services. If you need help to collect money due and owing to you feel free to contact my office.


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Answered on 9/27/08, 6:13 pm

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