Reviewed September 7, 2026.
Public-improvement liens have a different filing trigger from private-property liens. Under Lien Law § 12, an eligible claimant may file before completion and acceptance, or within 30 days after both completion and acceptance by the public entity. Filing is made with the department or bureau head and the financial officer or other person responsible for the contract funds, as the statute specifies.
Request notice of completion and acceptance
Section 11-a permits a qualifying written demand before or within 30 days after completion and acceptance. Include the required claimant, contractor, claim and project information. The responsible official must provide the statutory notice within five days of completion and acceptance, subject to the statute’s terms.
Keep checking independently. Section 11-a(4) says failure to provide the notice does not extend the lien deadline, create a cause of action or otherwise change the claimant’s rights. A request is useful, but silence is not an extension.
Do not confuse the project types
For private improvements, § 10 generally uses eight months after the claimant’s last qualifying work or materials, with a four-month rule for a single-family dwelling and specified exceptions. Four months is not always 120 days, and the shortened rule does not automatically include two-family homes. Retainage has a separate 90-day provision. Public lien service and proof requirements and payment-bond deadlines must also be calendared separately.
Kushnick Pallaci PLLC assists clients throughout New York with public and private mechanic’s liens. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
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