Legal Question in Construction Law in New York

Re: Does New York law requries a preliminary notice for a mechanic's lien?

For a commercial contract, a notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within eight (8) months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished.

For a residential contract (real property is a single family dwelling), the notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within four (4) months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished.

The contents in a notice of lien are set forth in section 9 of the Lien Law. However, most contractors use Blumberg form number 167 (NYC) or 365 (Outside NYC).

A notice of lien must be filed at the County Clerk and include the real property�s block and lot. Within five (5) days before or thirty (30) days after filing the notice of lien, the lienor must serve a copy of the notice of lien on the owner (35) days after the notice of lien is filed.

Normally, service of the lien is by certified mail. Proof of service (usually an affidavit) must be filed with the county clerk. Failure to file the affidavit of service terminates the lien.

Within sixty (60) days after the original filing, a lienor may amend his lien upon twenty (20) days notice to existing lienors, mortgagees and the owner where the purpose of the amendment is to reduce the amount of the lien.

A properly filed mechanics lien is valid for one (1) year from the date of filing. The lienor against commercial property may file an extension. The extension may only be for another one (1) year term. A lienor against residential property may not file an extension.

Mike.