New York Mechanic Lien Enforcement Deadlines

Private Works — 1-Year Enforcement Period

Under New York law, a mechanic's lien is good for 1 year from the date of filing only. The mechanic lien claimant must commence an action to foreclose the mechanic lien AND file a Notice of Pendency (lis pendens) within this 1-year mechanic lien period.

Commencing an action without filing a Notice of Pendency or obtaining an order extending the mechanic lien does not extend the mechanic lien. Both the lawsuit and the Notice of Pendency must be filed within the mechanic lien period to preserve mechanic lien rights.

Mechanic Lien Extension — Self-Extension by Written Filing

A mechanic's lien may be self-extended for an additional 1 year by filing a written extension with the County Clerk before the original mechanic lien period expires. This self-extension procedure is available for all projects except single family dwellings.

After the first self-extension, any further extensions must be obtained by court order. Single family dwelling mechanic liens may only be extended by court order from the outset and cannot use the self-extension procedure.

Notice of Pendency — 3-Year Duration

A Notice of Pendency (lis pendens) filed in connection with a mechanic's lien foreclosure action lasts for only 3 years, irrespective of whether a foreclosure action has been commenced.

Because mechanic liens should be extended annually and the Notice of Pendency expires after 3 years, claimants should extend the mechanic lien each year and renew the Notice of Pendency every 3 years to maintain full protection throughout the litigation process.

Private Payment Bond — Suit Deadline (General Obligations Law §5-322.3)

For private payment bond claims, the claimant must obtain a copy of the labor and material payment bond in order to determine the specific time limitation for filing suit. The bond language controls the applicable deadlines.

Notice is usually required and depends on the claimant's relationship to the principal and the general contractor. The specific requirements will vary based on the terms of the bond.

Public Works — Mechanic Lien Enforcement (NYS Mechanic Lien Law §5)

A mechanic lien on public works is valid for 12 months from the time of filing. An action must be commenced AND a Notice of Pendency filed during a 6-month period to preserve the mechanic lien.

The mechanic lien may be self-extended for 1 year by filing a written extension with the public official or corporation. Thereafter, the mechanic lien can be further extended by court order. Commencing an action without filing a Notice of Pendency or obtaining an order extending the mechanic lien does not extend the mechanic lien. The Notice of Pendency lasts for only 3 years. Should extend mechanic lien each year and renew Notice of Pendency every 3 years.

Public Works — Payment Bond Suit Deadline (State Finance Law §137)

For public works payment bond claims, the action must be commenced within 1 year from the date on which the public improvement has been completed and accepted by the public owner.

Second-tier claimants on a statutory bond must have given Notice of Claim to the contractor within 120 days of last performance by personal or registered mail. Bonds may differ from statutory minimum standards, so the bond language should always be reviewed to determine exact requirements.

• Recovery limited to third-tier (sub-subcontractor) level
• Notice of Claim required for second-tier claimants within 120 days of last performance
• Suit within 1 year from date of completion and acceptance by public owner
• Always review bond language as terms may differ from statutory minimums

Important Enforcement Considerations

Claimants must be registered to do business in New York in order to file suit to enforce a mechanic's lien. This registration requirement applies to all enforcement actions, whether on private or public projects.

If the owner has paid the general contractor, the mechanic's lien is valid only to the extent that funds remain to be paid from the owner to the general contractor. The mechanic lien must also have been filed prior to any transfer of the property.