You hired a contractor to renovate your kitchen, fix your roof, or build an addition — and now there is a mechanic's lien on your property. Maybe you had a legitimate dispute about the quality of work. Maybe the contractor is claiming more than what you agreed to. Or maybe a subcontractor you never hired directly is making a claim. Whatever the situation, a mechanic's lien needs to be taken seriously because it can block your ability to sell or refinance.
What Is a Mechanic's Lien?
Under New York Lien Law, a mechanic's lien gives contractors, subcontractors, laborers, and material suppliers the right to place a claim against your property if they provided labor or materials for an improvement and were not paid. The lien attaches to the property itself — not to you personally — and must be satisfied before clear title can be transferred.
Mechanic's liens can be filed by anyone in the construction chain: general contractors, subcontractors, electricians, plumbers, material suppliers, and even equipment rental companies. For single-family homeowners, the total of all mechanic's liens cannot exceed the amount the owner agreed to pay the general contractor.
Filing Deadlines and Requirements
New York's Lien Law imposes strict deadlines on mechanic's liens. For improvements to owner-occupied single-family dwellings, the lien must be filed within 4 months of the last date of work. For other property types, the deadline is 8 months.
The lienholder must also serve a copy of the lien on the property owner within specific timeframes and must commence a foreclosure action within one year of filing, or the lien automatically expires. These strict requirements mean that many mechanic's liens have procedural defects that can be used as grounds for discharge.
Your Rights as a Homeowner
New York law provides several protections for homeowners facing mechanic's liens:
- You can demand an itemized statement from the lienholder showing the work performed and amounts claimed
- You can challenge the lien if it exceeds the amount you contractually owe the general contractor
- You can file a motion to discharge the lien if the lienholder fails to meet procedural requirements
- You can post a bond under Lien Law §19 to discharge the lien from your property while the dispute is resolved
- You can counterclaim for defective work or breach of contract if the lien was filed by a contractor who did substandard work
How to Challenge or Discharge a Mechanic's Lien
If you believe the mechanic's lien is invalid, inflated, or improperly filed, you have several legal remedies. You can file a motion under Lien Law §19 to discharge the lien by posting a surety bond. You can also move to vacate the lien if the lienholder failed to commence a foreclosure action within one year, failed to serve proper notice, or filed after the statutory deadline.
In many cases, the most practical approach is to negotiate directly with the lienholder. Contractors often prefer a negotiated settlement to the time and expense of a foreclosure action. Having an attorney involved in these negotiations can help ensure you reach a fair resolution.
Impact on Selling Your Home
A mechanic's lien will show up on the title search when you try to sell. Most buyers will not accept title with an unresolved mechanic's lien. You will need to either satisfy the lien before closing, negotiate a payoff from the sale proceeds, or discharge it through a bond.
If you are planning to sell and have a mechanic's lien on your property, address it early. The Hudson River Realtors referral network can connect you with attorneys and agents experienced in resolving these situations efficiently.