Construction Law FAQs – New York City (NYC)
Construction in New York City comes with unique challenges—from strict filing deadlines and licensing requirements to complex payment chains and public project restrictions. At Kushnick Pallaci PLLC, we represent contractors, subcontractors, and owners across all five boroughs in construction-related legal matters.
📍 NYC Construction Law FAQs
Q: How long do I have to file a mechanic’s lien in NYC?
A: For private projects, a lien must be filed within 8 months of the last day you performed work or delivered materials (or 4 months for single-family homes). On public improvement projects, you must file your lien within 30 days after the project is completed and accepted by the public entity.
Q: Can I file a lien on a public construction project in NYC?
A: You can’t file a lien against public property (e.g., schools, MTA projects), but you can file a lien against the funds owed to the prime contractor. This is known as a public improvement lien, and it must be filed with the public agency, such as the NYC Department of Design and Construction or School Construction Authority.
Q: Do I need a license to sue or file a lien in NYC?
A: Yes. For work that requires a license—such as home improvement, plumbing, or electrical work—you must be properly licensed by the NYC Department of Consumer and Worker Protection (DCWP) or other relevant agencies. Without a license, you may be barred from enforcing a contract or filing a valid lien.
Q: What is Article 3-A and how does it affect NYC contractors?
A: Article 3-A of the NY Lien Law requires that all construction funds received on a project be held in trust for the benefit of subcontractors and suppliers. If a contractor misuses those funds—for example, to pay unrelated business debts—it may result in personal liability for trust fund diversion. These claims are common in large NYC projects with multiple subcontracting tiers.
Q: What should I do if someone files a lien against my NYC property?
A: You can:
- Challenge the lien via a Lien Law §19 petition in court,
- Bond the lien to remove it from the property,
- Or require the lienor to commence a foreclosure action within 1 year.
We defend owners and developers across NYC against improper or exaggerated liens.
Q: Where are NYC construction cases usually litigated?
A: Most construction litigation—including lien foreclosures and breach of contract claims—takes place in the Supreme Courts of each borough:
- Manhattan (New York County)
- Brooklyn (Kings County)
- Queens (Queens County)
- The Bronx (Bronx County)
- Staten Island (Richmond County)
We routinely appear in all five.
🔗 Related Services:
- NYC Construction Dispute Representation
- Mechanic’s Lien Filing & Foreclosure
- Trust Fund Diversion Defense in NYC
📞 Need Help with a Construction Law Issue in NYC?
Whether you’re filing a lien, facing a non-payment issue, or involved in a trust fund dispute, Kushnick Pallaci PLLC is your trusted advocate in New York City construction law.
Call (631) 752-7100 today or visit www.nyconstructionlaw.com.