New York Lien FAQ
Time Limitations - Eight-Months or Four Months?
The date upon which the last item or other material was furnished or labor was performed is especially important, given the time limitations on filing a Notice of Lien. On a private improvement contract, the general rule is that a lien may be filed at any time during the progress of the work or within eight months after completion of the contract or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished.
There is one exception to this eight-month rule and that is if the property is to be improved by a single family dwelling unit, the Notice of Lien may be filed any time during the progress of the work or within four months after the conclusion of the contract or the final performance of work or the final furnishing of materials dating from the last item of work performed or materials furnished. The definition of a single family dwelling unit under the Lien Law does not include a dwelling unit which is part of a realty subdivision, as defined in the Public Health Law and is, at the time the lien is filed, owned by the developer other than as a personal residence. Lien Law §10.
In determining the last date for "the completion of the contract," or the "final performance of the work," or "final furnishing of materials," the courts look at the last item of work performed or materials furnished by the lien claimant. Warranty work or remedial work performed after the contract completion will not extend the time frame for filing a Notice of Lien.
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