Huntington Station Construction / Development Lawyer.
A subcontractor can place a mechanic's lien against your home if he was not paid by the general contractor that you hired only if you have not paid the general contractor. If you have paid the general contractor, then the subcontractor's lien rights are extinguished and his only remedy is to sue the general contractor. However, if you have not paid the general contractor, then the subcontractor is permitted to file the lien. The lien law is very specific about what must be in the lien, when...
9 people marked this answer as helpful
I do not practice in California but in every jurisdiction I have ever seen failing to file the lien on time is fatal to the lien right. As for the contractor not filing the lien, it probably will not be held against him by a Court. You do not HAVE to file a mechanic's lien. However, your question is not clear about your relationship to the lienor. If there was no direct relationship (known as privity) the lienor may have no right to bring any claim against you as the owner without a lien....
5 lawyers agreed with this answer
1 person marked this answer as helpful
To directly answer your question, a mechanic's lien under New York law cannot be placed for work that has not yet been done. A mechanic's lien may only be filed for labor and materials actually performed and delivered (with the exception of specially fabricated materials). If your demand for an itemized statement has not been responded to, then, assuming you have properly served it, you may initiate a special proceeding seeking the itemization under Lien Law section 38. If the order to...
Selected as best answer
I do not practice law in California and if you are being sued you really should speak with an attorney. In general, you absolutely have the right to review the "raw receipts" as you call them during a lawsuit. During the phase of the lawsuit known as "discovery" you can ask for any relevant information to the claim and receipts for alleged materials and labor are relevant. But, again, you really need to speak to a local construction attorney quickly.
5 lawyers agreed with this answer
Three day cancellation is mandatory for home improvement contracts entered into in Nassau and Suffolk Counties. There are some very limited exceptions to this. As for the 15% payment, it cannot apply to the 3 day period. The 3 day period is without penalty. After that period, 15% may be enforceable as liquidated damages. NY will not enforce penalties in contracts but will enforce liquidated damages provisions.
Selected as best answer
The foreclosure action would not necessarily name the cooperative corporation. This is because under Lien Law Section 44-b, the owner is no longer a necessary party to the action if your bond the mechanic's lien as you describe you are willing to do. If the named defendants are not corporations, but are individuals, the individuals may represent themselves. If there is a corporation that is a defendant, the corporation must retain counsel. However, keep in mind that if you bond the lien...
Selected as best answer
Under New York Lien Law, the affidavit of service MUST be filed in order for the lien to be valid. The affidavit of service may be filed within 30 days following the service of the lien. Therefore, the fact that the affidavit of service was not filed does not necessarily mean the lien is invalid unless you are more than 30 days past the day that the lien was served and recorded.
Selected as best answer
If the lien is bonded properly it is no longer recorded against the property so there is nothing you need to make sure that it is removed from the property after payment. The surety that issued the bond will direct you as to what documentation they will require in order to pay out (each surety is a bit different). If a judgment was entered, once the judgment is paid, the lienor should offer a satisfaction of judgment.
3 lawyers agreed with this answer
You need to speak with experienced New York construction counsel to discuss specifics of your case. In general, the bonding of the mechanic's lien almost certainly rendered the sale of the apartment meaningless. Once a mechanic's lien is bonded the lien is transferred from the real property to the bond so the sale of the unit after the bond is obtained means the sale does not impact the mechanic's lien. If the bond is still valid, the surety will likely pay the claim if there is a judgment...
3 lawyers agreed with this answer
You have a potential claim but you must speak to a construction attorney with specifics of our claim immediately. As the prior answer mentions, you must serve a notice of claim within 90 days. You should also put your own home owner's insurance on notice of the claim right away to protect your rights under that policy should you not be able to recover from the school or the construction team. Construction projects within the City of New York are required to manage the flow of water from the...
3 lawyers agreed with this answer
