Reviewed September 7, 2026.
The retainage amendment discussed in this 2011 post became law on August 3, 2011, as Chapter 367. The official legislative history records its enactment through Assembly Bill A5022.
Retainage has a distinct filing provision
Current Lien Law § 10 allows a notice of lien for retainage within 90 days after the retainage was due to be released. Identify that due date from the governing contract and applicable payment law; it is not necessarily the claimant’s last day on site.
Other unpaid work remains subject to the ordinary filing period: generally eight months after the claimant’s last qualifying work or materials, with a four-calendar-month rule for single-family dwellings and specified exceptions. Four months should not be replaced with a fixed 120-day calculation.
Separate the amounts and deadlines
If $150,000 remains unpaid, including $15,000 in retainage, do not assume the entire $150,000 can wait until 90 days after the retainage release date. Track the $135,000 non-retainage balance under its applicable deadline and analyze the $15,000 retainage separately. Any multiple filings must avoid claiming the same debt twice.
The retainage provision does not eliminate notice contents, service, proof-of-service, lien-fund or enforcement requirements. Public-improvement liens and bond claims have separate rules. Keep a documented calendar before negotiating a final payment or release.
Kushnick Pallaci PLLC assists clients throughout New York with mechanic’s lien and retainage claims. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
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