New York Mechanic’s Lien: 8-Month and 4-Month Deadlines Explained

A New York contractor has 8 months to file a mechanic’s lien, or 4 on a single-family home, then must serve the owner. The deadlines and trust fund rules.

By Seayora Editorial Team · Published · Facts checked · 3 min read

Short answer: In New York, a contractor, subcontractor or supplier who is not paid for work on real property can file a notice of mechanic’s lien with the county clerk within eight months after completing the contract, measured from the last work performed or materials furnished, or within four months on a single-family dwelling (Lien Law § 10). A copy must be served on the owner between five days before and 30 days after filing, with proof filed within 35 days. The lien lasts one year unless extended or enforced. Money a contractor receives for the job is also a trust for its subcontractors, laborers and suppliers.

Key takeaways

  • File within 8 months of your last work or materials, or 4 months for a single-family dwelling.
  • Serve the owner from 5 days before to 30 days after filing, and file proof of service within 35 days.
  • A lien lasts one year; on a single-family home it can be extended only by court order.
  • Payments received for an improvement are trust assets under Lien Law Article 3-A.

How long do you have to file a mechanic’s lien in New York?

The notice of lien must be filed in the clerk’s office of the county where the property is located within eight months after the completion of the contract, or the final performance of the work or furnishing of materials, dating from the last item of work performed or materials furnished. Where the improvement is to a single-family dwelling, the deadline is four months (Lien Law § 10).

Key New York mechanic’s lien deadlines.
StepDeadlineSource
File the notice of lien8 months after the last work or materials (4 months for a single-family dwelling)Lien Law § 10
Serve the ownerFrom 5 days before to 30 days after filingLien Law § 11
File proof of serviceWithin 35 days after filing the noticeLien Law § 11
Lien expires1 year after filing, unless extended or an action to foreclose is begunLien Law § 17

How do you serve the owner?

Within five days before or 30 days after filing, serve a copy of the notice on the owner, by personal delivery, by leaving it at the owner’s last known residence with a person of suitable age and discretion, or by registered or certified mail to that residence. Posting a copy on the property is allowed only in the circumstances the statute describes. Failure to file proof of service with the county clerk within 35 days after the notice is filed ends the notice’s effect as a lien (Lien Law § 11).

How long does the lien last?

One year after the notice is filed, unless an action to foreclose it is begun or the lien is extended. A lienor may file an extension with the county clerk within that year, for no more than one year, except that on a single-family dwelling a lien can be extended only by order of a court of record (Lien Law § 17).

What is the Lien Law trust fund rule?

Money an owner receives for an improvement, and money a contractor or subcontractor receives under its contract, are assets of a trust (Lien Law § 70). A contractor’s trust funds are to be applied first to purposes that include paying the claims of subcontractors, architects, engineers, surveyors, laborers and materialmen, along with payroll taxes and certain benefits and insurance (Lien Law § 71). Using a job’s money for other purposes before those are paid is a diversion that the statute treats seriously, so track each project’s receipts and payments separately.

Working outside New York? See mechanic’s lien deadlines in California, Texas and Florida.

Frequently asked questions

What is the deadline for a mechanic’s lien on a house in New York?

Four months after the last work or materials if the property is a single-family dwelling; eight months for other property (Lien Law § 10).

Does a subcontractor have lien rights in New York?

Yes. The Lien Law gives lien rights to contractors, subcontractors, laborers and material suppliers who improve real property with the owner’s consent or at its request, subject to the statute’s limits.

What happens if I do not serve the owner?

If proof of service is not filed with the county clerk within 35 days after the notice is filed, the notice stops being effective as a lien (Lien Law § 11).

Sources

  1. N.Y. Lien Law § 10, Filing of notice of lien, New York State Senate
  2. N.Y. Lien Law § 11, Service of copy of notice of lien, New York State Senate
  3. N.Y. Lien Law § 17, Duration of lien, New York State Senate
  4. N.Y. Lien Law § 70, Trust funds; trustees; trust assets, New York State Senate
  5. N.Y. Lien Law § 71, Trust purposes, New York State Senate

How Seayora helps

Contractor invoicing: See what each customer owes and the date of your last work on every job.

This article is general information, not legal or safety advice. Rules for contractors are set by federal and state agencies and by counties and towns, and they change by regulation, so confirm the current requirement with the agency named in the article before you rely on it.

How we write and check these guides: editorial standards.

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