Legal Question in Business Law in New York

mechanics liens

How can an architectural firm (a single proprietorship providing architectural

services) file a mechanic's lien to obtain payment from a client (an individual

not a corporation) for services rendered.

The sum to recover is not large (about $10,000) so we want to do it ourselves

without incuring legal fees.

Also, how much time do we have to file such a lien after the last delivery of

services.

Thank you.


Asked on 12/06/05, 12:27 pm

3 Answers from Attorneys
Bunji Fromartz Fromartz Law Offices

Re: mechanics liens

The time to file before 8 months (4 months if a single family dwelling) after the last service or work is performed.

The NYS Constitution allows for mechanic lien forclosures in NYC to be done in Civil Court if Under $25,000.00

Also $10,000 may not be that much unless the lien is filed improperly. I think you should hire an attorney.

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Answered on 12/07/05, 1:15 pm
Peter Moulinos Moulinos & Associates LLC

Re: mechanics liens

You would get the form, fill it out and then file it with the County Clerk's office. However, because these mechanic's liens are often challenged for their content, you should have an attorney file it for you. The cost would not be significant and to protect a $10,000 claim, an expenditure of $500 is minimal.

Feel free to contact me if you have any further questions.

Kind regards,

Peter Moulinos

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Answered on 12/06/05, 12:38 pm
Walter LeVine Walter D. LeVine, Esq.

Re: mechanics liens

I agree that the procedure is simple, but to be on the safe side (so it cannot be contested) you should have an attorney, knowledgeable on the subject, assist you. If you do not have a regular attorney, the County Bar Association should be able to assist you.

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Answered on 12/07/05, 4:31 pm


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