Legal Question in Construction Law in New York

Re: Claim against Bonded Mechanic's Lien

You name the owner(s) of the property on the foreclosure count. It can get confusing, because (traditionally) you plead three claims: breach of express contract; quantum meruit; and foreclosure of the lien. The only defendants(s) on the lien foreclosure count are the owners and lienors that are coordinate with or junior to the mechanics lien. (Do not ignore the mortgagee: if it is a building loan, or if it closed within four months of the time work begam, assume that they did not properly comply with the lien law and proceed on the theory that your lien primes the mortgage.) The quantum meruit and contract claims are against wjomever the lienor did the work for. The lienor does not have any rights (yet) against the bond, so you do not name the surety.

This assumes it is a private improvement located in the state of New York.

As always, the foregoing is not legal advice; if it were, it would come with an invoice. Look, dear reader, if it's worth starting a lien foreclosure action, it's worth using a lawyer who does this kind of stuff for a living :-)