Reviewed September 7, 2026.
This post originally tracked a proposal while it moved through the Legislature. The proposal was subsequently enacted on August 3, 2011, as Chapter 367. The A5022/S3179 legislative history confirms its passage and signature.
Under current Lien Law § 10, a lien for retainage may be filed within 90 days after retainage was due to be released. This helps address the gap between finishing work and a later retainage payment date.
Maintain two parts of the payment calendar
Track ordinary unpaid work under the applicable four- or eight-month private-lien rule, including relevant exceptions. Track retainage by its actual release due date under the contract and applicable law. A pending punch list or payment discussion does not automatically establish or extend either date.
Preserve the contract, payment applications, closeout requirements, completion records and correspondence addressing release. Do not characterize every overdue invoice as retainage or duplicate the same balance in multiple liens. Public-project lien and payment-bond requirements should be reviewed independently.
Kushnick Pallaci PLLC assists clients throughout New York with mechanic’s liens and payment disputes. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
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