Construction Law FAQs – Brooklyn (Kings County), NY
Construction in Brooklyn is booming—but it also comes with complex legal issues, especially when it comes to mechanic’s liens, license enforcement, and disputes over payment and construction defects. At Kushnick Pallaci PLLC, we assist contractors, subcontractors, suppliers, and owners throughout Brooklyn with lien filings, contract enforcement, and trust fund diversion matters.
📍 Brooklyn Construction Law FAQs
Q: What is the mechanic’s lien deadline in Brooklyn?
A: On private projects, you must file a lien within 8 months from the last day of work or material delivery (or 4 months for single-family homes). For public projects, a lien must be filed within 30 days of the project’s completion and acceptance by the public agency.
Q: Can I file a lien on a multi-unit residential building in Brooklyn?
A: Yes, but it depends on who contracted for the work. If your contract is with the property owner or developer, you can typically file a lien on the entire parcel. If you only worked on a condo unit, you may need to lien that specific unit. We ensure that Brooklyn liens are filed correctly to protect your rights.
Q: I’m a subcontractor and the GC didn’t pay me. Can I lien the property?
A: Absolutely. You don’t need to have a contract directly with the owner to file a lien in Brooklyn. As long as you improved the property and meet the deadline, you have lien rights. New York law protects subcontractors and material suppliers—even when owners claim they already paid the GC.
Q: What if someone files an exaggerated or false lien against my property?
A: Brooklyn property owners can file a motion to discharge under Lien Law §19. If the lien is willfully exaggerated or fraudulent, you may be entitled to damages and attorneys’ fees. We aggressively defend against improper lien filings in Kings County.
Q: How does the Article 3-A trust fund law apply to Brooklyn contractors?
A: If you received payments on a Brooklyn construction job, you are a trustee under Article 3-A. You must use the funds to pay subcontractors and suppliers. If funds are diverted, you may face personal liability. We represent both plaintiffs and defendants in these trust fund diversion claims throughout Brooklyn.
Q: Do I need a license to sue or lien for construction work in Brooklyn?
A: Yes. If your work requires a home improvement or trade license, and you weren’t licensed by the NYC Department of Consumer and Worker Protection, you may not be able to enforce your contract or lien. Licensing issues are strictly enforced in Brooklyn’s residential and brownstone renovation markets.
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📞 Construction Law Help for Brooklyn Projects
From Bed-Stuy to Williamsburg, if you’re dealing with a lien issue, a payment dispute, or a trust fund diversion claim in Brooklyn, Kushnick Pallaci PLLC can help you navigate it.
Call us today at (631) 752-7100 or visit www.nyconstructionlaw.com to schedule a consultation.