Reviewed September 7, 2026.
This post originally criticized a proposed requirement for a county certification before recording a mechanic’s lien. That historical proposal is not a substitute for checking current law and the filing requirements that apply to a particular project.
Check licensing before the work and before collection
Current Lien Law § 9 sets out notice contents. A clerk’s acceptance of a notice does not establish that the contractor held the licenses needed to perform the work or that the lien can be enforced.
Licensing depends on the location, trade, type of work and contracting entity. The New York Attorney General’s home-improvement guidance identifies local licensing requirements in New York City and several counties. Other local or trade-specific requirements may also apply.
For covered consumer claims, CPLR 3015(e) requires allegations about the license held when services were rendered. A later license does not automatically cure an earlier deficiency.
The risk is more than losing a lien
The earlier suggestion that an unlicensed contractor risks only its lien was too narrow. Depending on the applicable law, unlicensed work can affect payment recovery and expose the contractor to regulatory penalties or other relief. Verify the correct entity’s license and its effective dates, obtain required permits and retain supporting records.
Kushnick Pallaci PLLC assists clients throughout New York with construction contract and compliance review. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
No comments:
Post a Comment