Public Improvement Lien Deadline Runs from Completion and Acceptance

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

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 “willful exaggeration” of a mechanic’s lien.  However, the burden of proving the … Continue reading