Kiritsis & Associates
Kiritsis & Associates
Kiritsis Law Group 212 922 0005
By John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
Depending on whether we are dealing with private as opposed to public improvement, it may likely impact the practice of construction law, in at least 2 aspects. Firstly, it may influence what the underlying legal rights and responsibilities are to be conferred by mechanic's liens. Secondly, it may impact how to go about drafting, reviewing and finalizing any underlying construction type of contractual agreements.
The differences between mechanic’s liens on private versus public improvements, are often overlooked. Liens on privately owned improvements are governed in a different section of the Lien Law (Lien Law Section 3) than liens on publicly owned improvements (Lien Law Section 5). The main difference between a privately owned and publicly owned improvement, is where the mechanic’s lien is attached. Mechanic’s liens on private improvement attaches to the real property being improved (often recorded in registry of deeds). Mechanic’s liens on public improvements are filed against the money, state or public corporation appropriated for the specific public improvement (filed with the city). It is not clear what happens if an improvement is at least partially funded by a public agency, but owned, in part or whole, by a private entity.
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
U.S. 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
RPAPL
CPLR
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 869Section 13 of New York Lien Law
Leonard Engineering, Inc. v. Zephyr Petroleum Corporation, 522 NYS 2dSection 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 Bankyrd 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 Contracts
Construction Litigation
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
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 constructi
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
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
under New York Laws
Construction contract clauses regarding work product ownership
Law Offices of Kiritsis & Associates
Phone # 212 922 0005
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