Legal Question in Construction Law in New York

After you file a mechanic's lien, unless further action is taken, nothing will happen automatically. The owner of the property, or the general contractor (if you were a subcontractor), may offer to settle the claim with you in order to discharge the lien and remove the cloud on the property's title.

However, unless a lawsuit is commenced to foreclose upon the mechanic's lien, or the lien is extended, it will expire after one year pursuant to NY Lien Law 17. The lien can also be discharged by the owner or general contractor by filing a mechanic's lien discharge bond with the county clerk pursuant to NY Lien Law 19(4) or depositing money into court to discharge the lien pursuant to NY Lien Law 20.

If you have filed a mechanic's lien, and have not received a response from the owner or general contractor, you will likely need the assistance of an attorney to foreclose upon the lien or negotiate a settlement. Please feel free to contact me if you would like to schedule a free initial consultation or have any follow up questions.