Construction Law FAQs – Nassau County, NY
Navigating construction law in Nassau County can be complex, especially when it comes to mechanic’s liens, trust fund compliance, and contractor disputes. At Kushnick Pallaci PLLC, we provide experienced legal representation to contractors, subcontractors, and owners across Nassau County, helping them protect their rights and recover what they’re owed.
📍 Nassau County Construction Law FAQs
Q: How long do I have to file a mechanic’s lien in Nassau County?
A: On private construction projects, a mechanic’s lien must be filed within 8 months of last providing labor or materials. If the work was done on a single-family residence, the deadline is 4 months. On public improvement projects, liens must be filed within 30 days after project completion and acceptance.
Q: What if the owner claims they already paid the general contractor? Can I still file a lien?
A: Yes. Under the New York Lien Law, subcontractors and suppliers can file liens even if the owner has paid the general contractor. Payment to a contractor does not extinguish your lien rights unless full payment was properly made and accounted for.
Q: Can I still enforce a lien if the owner bonds it off?
A: Absolutely. If a lien is bonded, your claim is now against the surety bond, not the property. You still need to commence a lien foreclosure action in Nassau County Supreme Court within 1 year of the original lien filing.
Q: What is Article 3-A of the New York Lien Law, and how does it apply in Nassau County?
A: Article 3-A requires that construction funds received by owners and contractors be held in trust for the benefit of subcontractors and suppliers. If those funds are misused, it can result in personal liability for trust fund diversion. This is especially important in Nassau where multi-tiered contracting structures are common.
Q: Does Nassau County require contractors to be licensed to file a lien?
A: Yes. If your work requires a home improvement license (e.g., residential work), you must be properly licensed by the Nassau County Office of Consumer Affairs at the time of the work to enforce a lien. Failing to hold a valid license can invalidate your lien rights.
Q: What if the other side files a lien against me in bad faith?
A: New York law permits a motion to discharge a lien for willful exaggeration or fraud. You can also recover damages and attorneys’ fees in certain cases if the lien was filed maliciously or with no legal basis. We regularly defend against improper liens in Nassau.
🔗 Related Services:
📞 Trusted Construction Law Counsel in Nassau County
Whether you need to file a lien, recover trust funds, or defend against a claim, Kushnick Pallaci PLLC has the experience and focus to protect your interests in Nassau County construction disputes.
Call us today at (631) 752-7100 or visit www.nyconstructionlaw.com.