Reviewed September 7, 2026.
These answers address common New York construction payment questions. For help with a specific project, see Kushnick Pallaci PLLC’s mechanic’s lien practice.
How long do I have to file on a private project?
Under Lien Law § 10, the usual deadline is eight months after the last qualifying work or materials. For an improvement related to a single-family dwelling, the usual period is four months. The statute contains an exception for certain developer-owned subdivision properties and a separate rule allowing a retainage lien within 90 days after retainage was due to be released. Project classification and the last qualifying date matter; minor return visits should not be assumed to restart the period.
How long do I have to file on a public project?
Lien Law § 12 permits filing before the public improvement is completed and accepted, and within 30 days after both completion and acceptance. Filing is with the responsible department or bureau head and the financial officer or other custodian of the applicable funds. It is not the private-property county-clerk process.
Is filing enough?
No. Private liens have separate owner-service and proof-of-service requirements under § 11, and contractor or subcontractor service may also be required under § 11-b. Public liens have their own service requirements under § 11-c. Calendar filing, service, proof and enforcement dates separately.
How long does a lien last?
A lien generally begins with a one-year duration. For private liens, § 17 permits a first filed extension for a project other than a single-family dwelling; further extensions require a court order. A single-family dwelling lien requires a court order for an extension. A filed extension generally runs for one year from its filing date. Do not assume that filing a motion alone preserves an expiring lien.
Timely enforcement and the required notice of pendency can also continue a lien. Different requirements apply when a bond or deposit has discharged the lien from the property. Public liens follow § 18. A demand to enforce may require action sooner. See the firm’s lien foreclosure and defense practice.
What does filing cost?
Check the current fee schedule of the county clerk or applicable public filing office. Preparation, service, recording proofs, extensions and enforcement may involve separate costs. Obtain a current quote for the actual scope; old price ranges are not reliable estimates.
Who can file?
Eligibility depends on the project and work. § 3 addresses qualifying private-improvement labor and materials furnished with the required consent or request. § 5 addresses qualifying claims against public contract funds. Identify the claimant’s contractual tier, lienable work, unpaid balance, available lien fund and any licensing issue before filing.
Can an out-of-state supplier file?
Being located outside New York does not by itself eliminate lien rights. The supplier still must satisfy eligibility, notice, verification, address, filing and service requirements. The current private-lien content statute, § 9, asks for the lienor’s attorney information “if any”; the older blanket statement that every out-of-state supplier must name a New York attorney should not be relied on. Obtain advice about the entity’s circumstances and enforcement requirements.
Does a public lien attach to public property?
A public-improvement lien generally reaches applicable contract funds, not public real estate. For work on publicly owned land financed privately, determine whether any lien fund exists and whether a payment undertaking is required under § 5. The statute addresses certain public improvements costing more than $250,000 without an established public fund. Do not assume public ownership alone supplies a collectible lien fund.
Can I lien condominium or cooperative work?
The ownership structures differ. For condominiums, Real Property Law § 339-l restricts liens against common elements and addresses unit-owner consent and emergency repairs. For qualifying common-element work requested or consented to by management, common charges and the right to receive them may constitute trust funds. A cooperative ordinarily owns the building through a corporation; shareholders’ apartment interests are not separately deeded condominium units. Analyze title, consent, contracting parties and available security before selecting the property or claim.
How do I satisfy or release a lien?
Use a properly executed satisfaction or release and file it in the appropriate office under the applicable private or public procedure. Confirm the payment terms, cleared funds, scope of release and current office requirements before filing. A lien release should not inadvertently surrender other unresolved claims.
Contact Kushnick Pallaci PLLC at 631-752-7100 or through the firm’s contact page.
Attorney Advertising. General information, not legal advice. This FAQ does not replace analysis of a specific project or deadline.
