Schedule a Consultation Lien Law Section 12 seems pretty clear but its always nice to have the Appellate Division confirm that clarity. In Munoz Trucking Corp. v. Darcon Const. Inc. Munoz apparently filed a public improvement lien that mistakenly named Darcon as the general contractor. … Continue reading
Category Archives: Mechanic’s Liens
Termination of Public Works Contract Does Not Necessarily Start Lien Clock
In County Wide Flooring, Corp. v. Town of Huntington the Court was faced with a motion to discharge a public improvement lien and dismiss the foreclosure action. The contractor apparently filed two mechanic’s liens. It failed to foreclose on the first … Continue reading
Appellate Court: Homeowners did not establish willful exaggeration of lien
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 “willfully exaggerated” lien. However, the burden of proving the “intent” necessary to … Continue reading
Court of Appeals: Reasonableness of Lien Not a “facial defect”
It is not often that the Court of Appeals chimes in on issues relating to the Lien Law in New York. As construction practioners, if we get a decision a year from the State’s highest Court its exciting. So, the … Continue reading
Port Authority of NY&NJ is “Public Corporation” within meaning of Lien Law
In a recent decision out of the First Department the Court held that the Port Authority of New York & New Jersey is a “public corporation” withing the contemplation of the Lien Law and, as such, the George Washington Bus … Continue reading