Kiritsis & Associates
Kiritsis Law Group 212 922 0005
By John Kiritsis, Esq., CPA, MBA, MS, JD, LL.M
It is important to note that the discussion herein is a super generalized and extremely synopsized summary of a highly technical topic area of an already highly complex area of the law.
There are many avenues one may take to have their lien discharged. Lien Law Section 19 states a lien can be discharged by the following:
—Submission of a certification by the lienor stating that the lien has been satisfied or has been released (often labeled as Filing of a Satisfaction or Release of Lien).
—A court order stating the lienor’s failure and neglect to prosecute the lien (i.e. Motion for an order due to Discharge Lien due to lienor’s Failure to Timely Commence a Lien Foreclosure Action and File a Notice of Pendency pursuant to Lien Law Section 59;) Note: This is sometimes called judicial discharge, but perhaps it may be better named as judicially sought discharge.
—Filing of a bond or undertaking with the county clerk in the amount equal to 110% of the lien.
—By filing with the county clerk a transcript of judgment with proof of service of notice of entry, showing a final determination of the action in favor of the owner.
—By deposit of the amount of the lien, plus interest with the county clerk.
—Or by obtaining a court order summarily discharging of record of alleged lien because the claimant does not have a valid 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
under New York Laws
Construction contract clauses regarding work product ownership
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
ATTORNEY ADVERTISING. PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME.
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.
We offer flat fee prices for many of the practice areas provided listed throughout our website. For more information on the topic you may be interested, or simply to find out how our Law Firm Group can help, you may click at any of our site's links.
We are available for existing and potentially new clients 7 days a week -- via online, phone and/or in person.
Intellectual Property Disclaimer(s):
The materials available through this website and any other websites owned by John Kiritsis (individually and collectively, the "Website") are the property of John Kiritsis and his entities, and are protected by copyright, trademark and other intellectual property laws. You may not use, reproduce, download, store, post, broadcast, transmit, modify, sell or make available to the public content from the Website without the prior written approval of John Kiritsis. Be aware that any unauthorized use of John Kiritsis trademarks and copyrighted content for commercial purposes in violation of John Kiritsis's intellectual property rights will be vigorously enforced. All other trademarks, service marks and trade names referenced in this site are the property of John Kiritsis.