Legal Question in Construction Law in New York

Discharging a Mechanic's Lien

Builder defaulted on contract to build a one family house in that he did not meet the Town's Bldg. Code and was estopped from obtaining a Certificate of Occupancy, an intrinsic and essential part of the building Contract. Nevertheless he made demand upon me for the final payment of the contract, which I am withholding. He has falsefied information to the County Clerk's office, stating that he has completed his end of the contract, to obtain a Mechanic's Lien against my property. A lawsuit has been filed against me and I in turn have filed a countersuit(Now well over one year). My lawyer does not give me an answer to this question - How do I remove the lien from my property?


Asked on 5/03/05, 11:56 am

2 Answers from Attorneys
Meyer Silber The Silber Law Firm, LLC

Re: Discharging a Mechanic's Lien

Why didn't your lawyer respond? Assuming that the property and lien are in NY, there are a number of ways to take the lien off the property, including bonding the lien. There are ways to challenge the lien, but your time to do so may have expired. Feel free to contact me for more information.

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Answered on 5/03/05, 12:12 pm
Kevin Connolly Kevin J. Connolly

Re: Discharging a Mechanic's Lien

You can expunge the lien by filing a surety bond for the amount of the lien plus 10%. You can deposit into court a sum of money determined by the court to be sufficient; the motion for such determination is made on five days' notice to all concerned.

You can win the foreclosure lawsuit.

There are other angles that can be pursued, of kinds that apply to lawsuits generally.

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Answered on 5/03/05, 12:13 pm


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