Legal Question in Construction Law in New York

mechanics lien

We had our contractor walk off the job. The day before he walked off his cement contractor installed forms for a foundation at our house. He placed a lien of 35,000 on our house for supplying and the labor to install the forms. He never poured cement and we never used his forms. Five days later we sent him a certified request to remove his forms. He came five days later and removed them, but would not remove the lien. The total price of our contract with our mason was only 29,000. Consumer Affairs got him to remove the lien because he was unlicensed and he stated he did labor at our house, which he did. The unlicensed subcontractor actually installed the forms. They told him they would go after him criminally if he did not comply. He removed the lien, but put another lien on our house the same day, for 7,800. He now claimed we rented his forms and this was what he charged. How do we get rid of this unscrupulous contractor? Both liens are fraudulent.


Asked on 2/08/07, 10:56 am

2 Answers from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: mechanics lien

This actually sounds like it could be an example of abuse of process, a cause of action which is based on abuse of the legal system.If you wish to discuss this further, email me or make an appointment.

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Answered on 2/08/07, 11:55 am
Kevin Connolly Kevin J. Connolly

Re: mechanics lien

(1) Go back to Consumer Affairs. The lienor has admitted performing work without a license, so the claim that it rented forms (to whom? The GC? To You?) is an obvious pretense.

(2) You can make a motion to expunge the lien summarily. The costs bucks. Lots of them.

(3) You need to enforce your contract with the GC. You probably need a lawyer to do any of this. Whether you can collect from the GC or any of the concrete trades depends on the terms of the contract, and on how much bile the Dept. of Consumer Affairs develops over this.

Yes, you have rights, but enforcing them may prove expensive. Pull a credit report on yourself right away and consider that the trades and GC almost certainly carry some insurance that could respond to a claim that your credit rating was wrongfully hit. (A mechanic's lien on your residence is a very high derog and can take your rating down 200 points in a single hit. Two liens can turn an A rating (720-plus) into a C in a New York minute.)

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Answered on 2/08/07, 8:41 pm


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