Construction Law FAQs – Suffolk County, NY
If you’re a contractor, subcontractor, supplier, or property owner working in Suffolk County, understanding your rights and obligations under New York’s construction law is critical. At Kushnick Pallaci PLLC, we regularly assist clients throughout Suffolk County with mechanics’ liens, trust fund claims, construction disputes, and contract enforcement.
📍 Suffolk County Construction Law FAQs
Q: How long do I have to file a mechanic’s lien in Suffolk County?
A: For private projects in Suffolk County, a mechanic’s lien must be filed within 8 months after the last date you provided labor or materials. If the work was performed on a single-family residence, that deadline shortens to 4 months. For public projects, the lien must be filed within 30 days after project completion and acceptance by the public entity.
Q: Can I file a mechanic’s lien on a property if I’m unlicensed?
A: In Suffolk County, as in all of New York, you must be licensed to file a lien if the type of work you performed requires a license (e.g., home improvement). If you’re unlicensed when required, your lien may be dismissed—even if the work was completed.
Q: What happens if the general contractor didn’t pay me but claims the owner didn’t pay them?
A: Under Lien Law Article 3-A, funds received for a construction project are held in trust. If a contractor or subcontractor diverts those funds (e.g., uses them to pay unrelated debts), they may be personally liable. We frequently prosecute and defend trust fund diversion claims across Suffolk County.
Q: Can a property owner remove a lien I filed?
A: Yes. An owner can petition the Suffolk County Supreme Court for a Lien Law §19 discharge if your lien is defective. Alternatively, they may bond the lien off. If that happens, you’ll need to enforce your lien by commencing a lien foreclosure action within 1 year of filing the lien.
Q: What courts handle construction lawsuits in Suffolk County?
A: Most lien foreclosures and construction contract disputes in Suffolk are handled in Suffolk County Supreme Court, located in Riverhead and Central Islip. We regularly appear before these courts for lien enforcement, breach of contract cases, and trust fund litigation.
Q: Can I recover attorneys’ fees in a construction dispute?
A: Generally, no, unless your contract specifically provides for recovery of legal fees. However, under Article 3-A or certain bad faith lien filings, fee-shifting may be possible. We’ll review your contract and claims to identify available remedies.
🔗 Related Services:
- Mechanic’s Lien Filing & Enforcement
- Construction Contract Drafting & Disputes
- Article 3-A Trust Fund Diversion Defense
📞 Need Help With a Construction Dispute in Suffolk County?
Whether you need to file a lien, collect unpaid funds, or defend against a trust fund claim, Kushnick Pallaci PLLC is ready to help. We serve contractors, subcontractors, suppliers, and owners throughout Suffolk County.
Call today at (631) 752-7100 or visit www.nyconstructionlaw.com.