Legal Question in Construction Law in New York

Re: Removal of mechanics lean

Fighting mechanics liens is not easy for a lay person, because the mechanics lien statute is quite complex. Start by looking at Section 38 of the Lien Law. You can find the Lien Law in many public libraries. You can also find it online at findlaw.com. When Section 38 says you can petition the Supreme Court to cancel the lien, it is saying (in unusually obscure phrasing) that you can file a Special Proceeding to cancel the lien.

Special Proceedings are highly specialized lawsuits that are governed by Article 4 of the Civil Practice Law & Rules.

See, this gets complex, real fast. But do look at Section 39,and 39-A, which provide for cancellation of a lien that is wilfully exaggerated, and for a penalty, as well.

The contractor is counting on the fact that if you hire a lawyer, you'll spend more than $15,000 in legal fees to get out of this mess. And he's probably right, though there are a few angles that might get you out less expensively. (It would have been much less expensive to have a lawyer on the project before this happened, but then you did not realize you were dealing with a shakedown artist rather than a contractor.) If you don't hire an attorney, you will almost certainly lose the battle with the contractor, not because your case is weak but because the procedures have been known to confound even the most experienced litigators who are not conversant with the Lien Law.

Good luck.