Legal Question in Construction Law in New York
Mechanic's lien on government property
We were a sub-contractor for a construction company that did work for the NY City Board of Education. Payment has not been received. Can we put a mechanic's lien on a government property? Are there drawbacks?
2 Answers from Attorneys
Re: Mechanic's lien on government property
In general, a sub-contractor (of any tier; or a general contractor, laborer, material supplier, too) has a right to file a "public improvement lien" against government property on which it does work. This is not the same as a mechanic's lien: you don't just fill out the Blumberg form and file it with the County Clerk. The Clerk might accept the form for filing, but that does not mean you will have a lien.
Public liens are tricky beasts, and you would be well-advised to speak with an attorney, sooner rather than later.
Re: Mechanic's lien on government property
Yes you can file a mechanic's lien. However because the Owner is a municipality this is not like filing a regular mechanic's lien. You may also want to make a claim against the general contractor's payment bond. I would speak with an atty as soon as possible, as there are time limitations for these matters.
Law Office of James J. Corbett
254 Pettit Avenue
Bellmore, NY 11710
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