Can a New York Mechanic’s Lien Include Attorneys’ Fees?

Reviewed September 7, 2026.

A mechanic’s lien is security for a qualifying construction debt. It does not automatically secure every expense of collecting that debt.

Keep the lien amount separate from a fee claim

Lien Law § 3 protects the principal and interest of the value or agreed price of qualifying labor and materials. The measure is not simply the contractor’s out-of-pocket cost. Payments, credits, unperformed work and other adjustments must be addressed when calculating the unpaid lienable balance.

Attorneys’ fees incurred pursuing payment ordinarily should not be added to the notice of lien as though they were labor or materials used in the improvement. An enforceable contractual fee clause may support a separate request for reasonable attorneys’ fees in the collection action, but it does not automatically enlarge the property lien.

Other fee rights need their own legal basis

New York generally requires each party to bear its own attorneys’ fees unless a statute, court rule or enforceable agreement provides otherwise. For example, Lien Law § 39-a provides specified relief after a lien is declared void for willful exaggeration in a qualifying enforcement proceeding. That is a distinct statutory remedy, not permission for a lienor to insert anticipated litigation fees into the lien.

Prepare separate calculations for the unpaid contract balance, lienable amount, claimed interest and any fee request. Counsel should review the governing agreement and the legal basis for each before filing.

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

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