New York
Notice of Lien-Public Works

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Notice Under Mechanic’s Lien Law for Account of Public Improvement.

Scope: State of New York, Public Works.

Time Constraints: While the forms for a New York filing are relatively simple, the process of filing is somewhat complex and attention should be paid to tracking your filings carefully. You may extend your lien claim before it expires. See New York Extension of Lien, Public Works, for more information.

1) File with the County Recorder's office where the project is located your Notice of Lien any time during the progress of your work or furnishing, or within 30 days the completion and acceptance of completion of the construction by the state or public corporation. Your claim must be notarized;

2) Once filed, serve a copy of the Notice of Lien upon the public entity, prime contractor and subcontractor (if you are a material supplier or did not directly contract with the owner or prime contractor) by certified mail or personal service either 5 days before or immediately after the filing of your Notice Under Mechanic’s Lien Law.

Perfection: Within 6 months of filing the notice, file suit to foreclose or continue the lien for one year by court order.

Payment Bond: Where a Payment Bond has been provided by a surety, file within the time frame as stated in the bond.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary. In the case of Bond Claims, the sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Extension of Notice Under Mechanic’s Lien Law on Account of Public Improvement, exhibit’s A-D, if needed, Recorder's Letter (to file the lien).

Procedures: Prepare your documents using the required information. File your Notice of Lien on Public Improvement, and serve upon the public entity, prime contractors and on your customer, if required as stated above. At this point you are ready enforce all of your claims in one action.

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