Kiritsis & Associates
Kiritsis Law Group 212 922 0005
By John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
Our construction law contract legal service plan, includes a 2 hour video lecture going over the crux of mechanic's lien and discusses commonly used clean draft copies of template documents, which are frequently used during mechanic's lien placement process.
The specific definition for “improvements” and other items for which a lien may be filed is found in Lien Law Section 2(4).
Lien Law section 9 explains what a Notice of Lien is required to contain.
Lien Law Section 10 states the time limitations a lienor is given to file a lien.
According to Lien Law Section 10, a mechanic’s lien must be filed within 8 months after the completion of a project or the final performance of work or the supplying of materials (4 months if it is a single family dwelling). If the notice of lien is for retainage, the notice of lien may be filed within 90 days after the date the retainage was due to be released.
Lien Law Section 11 states a lienor must serve the owner of the premises no more than 5 days before filing a notice of lien at the county clerk’s office, and no more than 30 days after.
Lienors may impose a mechanic’s lien by filing a Notice of Lien at the county Clerk’s office in the county in which the real property is located.
A lienor may lose their lien rights, if they fail to follow the basic requirements of filing a mechanic’s lien.
After reviewing hundred of New York and New Jersey construction contracts , by far and away, one of the more common mistakes made with regards to preparing a construction contract, is lack of fundamental understanding of the laws surrounding mechanic's liens, as well as, failure to appreciate their possible legal effect on real property and projects.
The views expressed by this author is not legally binding nor reflective of the author per se, the author's firm, the author's employers, the author's employees or any individual and/or organization.
Sources and potentially useful references:
New York State Constitution
New York State Bar Association
New York City Bar Association
New York State Court of Appeals
New York Court of Claims
New York Appellate Division Court
New York Appellate Term Court
New York Supreme Court
New York Real Property Law
Warren's NY Real Property Law
NYS Lien Laws
Section 43 New York State Lien Law
New York General Obligations Law
New York City Department of Finance
Lien Law Section 3
Lien Law Section 5
New York State Appellate Departments
Lien Law Section 2.03
Real Property Law Section 339
Lien Law Section 9 (NYS)
Lien Law Section 10 (NYS)
Section 11 of New York Lien Law
Lien Law Sections 34, 39 & 59
Robert P Frink v Dudley Bierau et al, 212 NYS2d 869
Section 13 of New York Lien Law
Leonard Engineering, Inc. v. Zephyr Petroleum Corporation, 522 NYS 2d 900
Section 22 New York Affidavit Form
Monroe Sav. Bank v. First Nat'l Bank 50 App Div2d 314 -- 4th Dept 1976
Nanuet Nat'l Bank v. Ackerson Terrace, Inc. 417 N.Y. S. 2d 901
HNC Realty Co. V. Golan Heights Developers, 360 NYS2d 954
Aspro Mechanical Contracting, Inc. v. Fleet Bank, N.A. (Circa 2004)
Byrd Underground, LLC v. Anguar, LLC (332 P3d 273 Nev Adv Op 62)
Kiritsis Law Group
Our law firm provides comprehensive legal service solutions in the practice area of
construction law. Below is a partial list of services that our law firm may be able to
assist you with regards to your construction law needs:
Construction Law Contracts
Construction Litigation Defense
Drafting of Construction Contracts
Negotiating Construction Contracts
Finalization of Construction Contract Agreement Documents
Redlining of Construction Contract Agreements
Construction Loan Agreements
Mechanic Lien Recordation
Hypothentication/Real Property Deed Transferring Services for the construction industry
Escrowing services for construction industry professionals
Due diligence services for construction industry professionals
Construction Project Financing Agreement
Construction Contract Templates
Bid Form Templates
Construction Contract Assignments
Guarantee Agreements ancillary to construction contracts
Construction equipment lease agreements
Construction equipment sale agreements
Construction services agreement
Construction materials agreement
Mechanic Lien Waiver Contracts
Construction Industry Bond Payment Agreements
Tax & Accounting Compliance Services for the construction industry.
Construction contract risk assessment management
Construction contract performance issues
Construction contract claims avoidance issues
Construction contract compliance services
Project documentation issues in construction contracts
Change and Design issues in construction contracts
Differing site conditions and delay provisions in NYC construction contracts
Scheduling and acceleration construction contract provisions
Resolution of construction litigation/dispute related insurance claims
Employment Issue resolution services for the construction industry
Collective Bargaining Agreement for the construction industry
Environmental issues provisions for construction contracts in New York City
Creditor-debtor issues in construction law
Construction Law OSHA type violations
Key provisions in New York City construction contracts
Default provisions in New York City construction project contracts
ADR provision in construction contracts
Assignment provisions in construction contracts
Breach of contract provisions in construction contracts
Cancellation address issues in NYC construction issues
Commercial General Liability Insurance Coverage Provisions in Construction Contracts
Completion Date clauses in NYC construction contracts
Contract price provisions in NYC construction contracts
Down payment construction contract provisions and clauses
Overview of New York City construction contracts
Payment to Contractors clauses in construction project contract agreements
Sign & Stamp; Date provisions in construction contracts
The dos and don’ts regarding the signing instructions of a construction contract
Right to cancel provision in construction contracts
Warranties provisions in construction contracts
Workers compensation insurance coverage provisions regarding construction contracts
Law Offices of Kiritsis & Associates
Phone # 212 922 0005
Manhattan Office (Main Office):
633 Third Avenue
New York, NY 10017
Brooklyn Office (By Appointment Only):
1023 74th Street
Brooklyn, NY 11228
New Jersey Office:
7309 Ventnor Avenue
Ventnor, NJ 08406
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We hope you would find this website useful with regards to finding potentially relevant information for your legal issue. The Law Offices of Kiritsis & Associates PLLC is a boutique Law Firm Group headquartered in Midtown Manhattan, with offices in Manhattan, Brooklyn (NY) and New Jersey. We strive to provide professional legal services for individuals and various business entities. Our clientele ranges from including aspiring entrepreneurs, startups to established business organizations.
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