So, let’s assume you filed your mechanic’s lien in New York, you had it served, you filed your affidavits of service. Fantastic. Now the question is, how do I enforce it? How do I get paid on my mechanic’s lien?
To enforce or foreclose on your mechanic’s lien you need to commence a lawsuit. In your lawsuit you’ll set forth or “bring” several causes of action including breach of contract, foreclosure of the mechanic’s lien, and unjust enrichment as an alternative cause of action. The defendant can bond the lien which basically converts your case into a straight forward breach of contract claim.
The property owner can also send you a demand to verify your lien which will require you to provide a detailed breakdown of the labor and materials claimed in your lien. So, you should have as much information as possible ready to respond to those types of demands included receipts for all materials and time cards for all labor. In addition you should have copies of signed contracts, change orders, and any other written approvals and authorizations for you to perform the work you claimed as part of your mechanic’s lien.
There is more information on this website about the litigation process, commencing a lawsuit, etc. As far as mechanic’s liens are concerned however, you enforce it by filing a Summons and Complaint with an experienced litigation attorney in New York.
