Legal Question in Construction Law in New York

Re: owning your own bussniess

From what you have said here, you committed no crime, and as a general rule the Erie County DA does not serve as a collection agency.

If the homeowner does not pay what is owed to you, you can file a mechanic's lien. If you do not file within 4 months after stopping work (and perfect the lien within 30 days after filing) you lose your lien rights.

Keep in mind that a mechanic's lien against a 1-4 family residence is good for only one year and, unlike a commercial property, cannot be extended for another year by filing: you need a court order to prolong the lien. Generally the strategy is to file and immediately foreclose, but that may not be practical for a small case. Bear in mind that you can file a lien and then start a small claims case based on the breach of contract. The advantage here is that in the event of a priority battle over the proceeds of the sheriff's sale, your judgment from small claims court will take on the same seniority as the mechanic's lien, which can make a big difference. Bear in mind, too, that if you lose the contract case, your lien will probably die with it, though this outcome can sometimes be avoided. (You would definitely need a lawyer if you want to foreclose the mechanic's lien after losing the small claims case.)