When to File A Mechanic’s Lien? 8 months/4 months

April 12, 2023by Jeffrey Davis

In New York, a mechanic’s lien can be filed by a contractor or subcontractor who has provided labor or materials for a construction project and has not been paid for their work. The lien is a legal claim against the property where the work was done and serves as a way for the contractor or subcontractor to secure payment for the work they performed.

According to New York law, a mechanic’s lien must be filed no later than within eight months of the last day that the contractor or subcontractor worked on the project. This means that if the contractor or subcontractor has not been paid for work they did eight months ago, they should consider filing a mechanic’s lien to protect their right to payment.

However, when the construction project work involves a single-family residence then the lien must be filed no later than within 4 months of the last day of work on the project.

There are some other nuances here but the general rule to remember:

8 months from last day of work, unless project involves single family residence in which case it’s 4 months from the last day of work.