Older Lien Law Proposals: Retainage, Surveying and Contractor Licensing

Reviewed September 7, 2026.

This article originally described bills then under consideration. Their bill numbers and predicted outcomes should not be read as current law. The following distinctions remain useful when assessing a construction claim.

Retainage reform was enacted

The retainage proposal later became Chapter 367 of the Laws of 2011. Current Lien Law § 10 permits a lien for retainage within 90 days after release was due. That does not extend the ordinary deadline for other unpaid work. Document the release due date under the applicable contract and payment law.

Surveying must be connected to a qualifying improvement

Section 2(4) includes specified architectural, engineering and surveying work prepared for or used in connection with an improvement. Do not assume every boundary survey or other professional service automatically creates a lien. Review the service, project, owner consent and other requirements under § 3.

Licensing and recording are separate

The old discussion of a county certification proposal does not establish today’s filing requirements. Check § 9, local clerk procedures and applicable licensing law. Recording acceptance does not establish a right to collect, and the consequences of unlicensed work can extend beyond loss of a lien.

Use the current statutory text and the correct legislative session when checking a bill. A proposal, committee referral or sponsor’s prediction is not an enacted rule.

Kushnick Pallaci PLLC assists clients throughout New York with New York mechanic’s lien issues. Contact 631-752-7100 or vtp@kushnicklaw.com.

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