Schedule a Consultation One of the most effective weapons against mechanic’s lien abuse by contractors is the owner’s ability to use Lien Law Section 39 and 39-a to defend against a “willful exaggeration” of a mechanic’s lien. However, the burden of proving the … Continue reading
Category Archives: Exaggeration
Lienor’s Liability for Willful Exaggeration of Mechanic’s Lien
Pursuant to Lien Law § 39, if a court should find that a lienor has willfully exaggerated the amount claimed in a lien as stated in the notice of lien, the lienor’s lien shall be declared void and no recovery … Continue reading
Exaggerated Mechanic’s Lien Spells Trouble for Western New York Contractor
In Pelc v. Berg, the Appellate Division, Fourth Department, determined that a contractor who had filed a willfully exaggerated mechanic’s lien was liable for the costs incurred by the home owners in discharging the willfully exaggerated mechanic’s lien but not … Continue reading