Can I still place a lien if the work was done over three years ago?
Full Question:
Answer:
NEW YORK CONSOLIDATED LAWS 1996
A Mechanic's Lien is a lien created by statute for the purpose of securing
priority of payment for the price or value of work performed and materials
furnished in construction or repair of improvements to land, and which
attaches to the land as well as the improvements.
A Mechanic's Lien is the right of a craftsman, laborer, supplier, architect or
other person who has worked upon improvements or delivered materials to
a particular parcel of real estate (either as an employee of the owner or as a
sub-contractor to a general contractor) to place a lien on that real property
for the value of the services and/or materials if not paid. Numerous other
technical laws surround Mechanic's Liens, including requirements of prompt
written notice to the owner of the property (even before the general
contractor has been tardy in making payment), limits on the amount
collectable in some states, and various time limitations to enforce the lien.
Ultimate, last-resort enforcement of the Mechanic's Lien is accomplished by
filing a lawsuit to foreclose the lien and have the property sold in order to be
paid. Property owners should make sure that their general contractors pay
their employees or subcontractors to avoid a Mechanic's Lien, since the
owner could be forced to pay the debts of a general contractor even though
the owner has already paid the contractor. If the worker or supplier does
not sue to enforce the Mechanic's Lien, he/she may still sue for the debt.
A Mechanic's Lien (also known as a Materialmen's Lien) is a method used by
contractors or other people employed for the purpose of improving real
property to ensure that property owners will pay them for services and
materials. If the property owner does not pay for the services or materials,
the mechanic can initiate a court proceeding to force a sale of the property
to pay for the services and materials.
