Home » Construction Lien Law » Archive by category "NEW YORK"

Recording a NY Mechanics Lien in Saratoga County

A national commercial lighting supplier asked our TRADITION LIEN SERVICE division to record a NEW YORK Notice Under Mechanics Lien Law For Account Of Private Improvement on a new hotel in Malta, NY within Saratoga County. The county is bordered by the Hudson and Mohawk Rivers and bisected by the Adirondack Northway. Saratoga County has consistently been the fastest-growing county in Upstate New York according to Wikipedia.

The Saratoga County Clerk’s Office fees to record are as follows: Recording fee of $15, and Affidavit fee of $5. There is NO CHARGE to release a lien. Make checks payable to SARATOGA COUNTY CLERK and they will accept out-of-state business checks.

An important note is that the county does NOT return back the original lien copy after it records. You must include a conformed copy OR complete an online records application with the county. After one business day you will be emailed a logon and password that will enable you to print out and save a recorded lien or release.

Recording a NY Notice Under Mechanic’s Lien Law For Account Of Private Improvement in Westchester County

A disaster services company contacted our TRADITION LIEN SERVICE division in early June to record a lien against a Owner whose residence in Westchester County, New York had suffered from severe sewage damage in the basement of their home.

Unlike nearby Nassua County, which makes recording a lien almost impossible for the average person, the Westchester County Clerk’s office recorded and returned a lien sent by mail from our headquarters in California in one week. Recording a lien in Westchester County must include the street address of the property, Assessor’s Parcel Number (APN), Section, Lot and Block numbers. Unlike most lien recordings, there is not a legal description provided, nor available, for property in Westchester County.

When recording a NEW YORK Notice Under Mechanic’s Lien Law For Account Of Private Improvement, you not only record the lien, but you also record with a copy of the lien a Affidavit Of Service By Certified Mail. This affects the fees you pay to record a lien. Cost for Westchester County for the lien itself $15, regardless of the number of pages. In addition, you must include an Affidavit fee of $5, thus making the cost to record $20 total. The office does accept out of state business checks.

You can include at no charge a conformed copy with a self addressed stamped envelope, but the Clerk’s office returned original copy of the lien, the Affidavit and the conformed copy by mail the same day it was received and recorded.

NEW YORK gets new notices, custom template technology (CTT)

My business trips to New York City always had me counting the minutes until the end of the business day for dinner and a Broadway show.  The city has hundreds, if not thousands of restaurants to eat at. Visitors like myself can get sticker shock when going to buy a simple sandwich for lunch. Fortunately, one excellent restaurant with reasonable prices with great food and exceptional service is Puleos in the Theatre District.  A drive north up the Hudson River is also worth it, especially if you can visit the historic campus of the United States Military Academy At West Point.

NEW YORK is not the easiest state for construction contractors to use the remedies of the state’s lien laws.  It is a reactive state, as 1st notices sent by Subcontractors who supply equipment, labor, materials or services for a construction improvement  have no legal bearing for future lien actions. They still have the option of sending a Preliminary Notice. It will improve your chances of being paid on a timely basis, as it notifies all legal parties of your future right to file a Bond Claim, Notice Under Mechanic’s Lien Law For Private/Public Improvement or Stop Notice in the event you are not paid on a timely basis.

General/Prime/Sub Contractors (Private Projects): A Notice Under Mechanic’s Lien Law For Account Of Private Improvement can be filed while the a project is in progress or within eight (8) months (commercial) or four (4) months (single-family dweliling) after the completion of a contract or the final delivery of materials. The Notice Under Mechanic’s Lien Law For Account Of Private Improvement needs to be recorded in the Couny Clerk’s office in the county where the project is located.

General/Prime/Sub Contractors (Public Projects): A Notice Under Mechanic’s Lien Law For Account Of Public Improvement can be filed while the a project is in progress or within thirty (30) days after the completion and acceptance of the public project. It must be served by personal delivery or certified mail on the Public Agency/Authority and any other legal parties for the project (General/Prime Contractor, Lender/Surety, Customer, Owner Agent) within five (5) days prior to filing the notice or immediatley after filing.