• New York is an UNPAID BALANCE lien state.
• Common elements in a condominium environment are not lienable.
• On a private job, a subcontractor can file a lien regardless of its tier.  As with public projects, a supplier to a supplier cannot file an enforceable lien on a private project.
• Unlicensed contractors cannot take legal action to enforce their contracts.
• Extensions on private improvement liens on single-family dwelling projects are only granted by court order, but on all other projects extensions on private improvement liens can be acquired by filing an extension of mechanic's lien for account of private improvement within a year of the lien's original filing. Again, this rule only applies to liens on projects that do not involve a single-family dwelling and to liens that have not already been extended. Private improvement liens that have already been extended can only be further extended by a court order, and only for two one-year periods that immediately follow the expiration of the previous extension.
• Additional remedies may be available under the state’s Construction Trust Fund statutes

Mechanic’s Lien Speed Bumps

A copy of the lien must be served upon the owner and the contractor, subcontractor or sub-subcontractor by whom the claimant was employed. If the claimant is not in privity with the contractor, the contractor also must be served. Service must be made within 5 days before and 30 days after filing the mechanic’s lien.

• Under the New York statute, the extent of a lien, which is to say, the maximum amount a lien can be worth, cannot exceed the "amount earned and unpaid on [the] contract at [the] time of filing notice or any sum subsequently earned thereon," according to NACM's Manual of Credit and Commercial Laws. An owner's liability cannot exceed, by combining all liens filed, a total greater than the value or agreed price of the labor and materials remaining unpaid at the time notices of lien are filed.
• Where the Notice of Lien is for retainage monies due, a subcontractor/supplier may file a Notice of Lien within 90 days after the retainage was due to be released, even if said period is after the eight-month limitation period.

Foreclosure Speed Bumps

• A lien foreclosure action must be started before the lien expires. Both public and private improvement liens expire one year after filing, unless extended.

Oil & Gas Lien Speed Bumps

• Under lien law real property includes all oil or gas wells and structures and fixtures connected therewith, and any lease of oil lands or other right to operate for the production of oil or gas upon such lands.

• Payment bond may be waived for public works contracts for less than $100,000 or where the contract is not subject to the multiple contract award requirements of Section 135 of the State Finance Law, waiving the bonds is in the public interest and the aggregate amount of the contract is less than $200,000.
• A leasehold interest lien may not attach to a leasehold interest where publicly owned land is leased to a private entity for a private purpose.
• A lien may be filed against a public improvement.  Unlike the private improvement lien, the public lien is not against real property.  On a public improvement, liens are filed against the monies of the public entity applicable to the improvement to the extent of the amount due or to become due on such contract.

• The lienor must file its lien with the head of the department or bureau having charge of the improvement and with the comptroller of the state or with the financial officer of the public entity charged with the custody or disbursement of the funds applicable to the public contract.
• Within five days before or at the same time as the filing of the public improvement lien, the lienor must serve a copy of the lien by certified mail on the contractor, subcontractor, assignee or legal representative for whom it was employed or to whom it furnished materials or, if the lienor is a contractor or subcontractor to the person or entity, with whom the contract was made.
• When a public improvement lien has been filed, the public entity will withhold 1.5 times the stated value of the lien from the entity's payments to the contractor until the lienor (the individual or business that filed the notice of lien) has been paid.
• The filed lien must contain proof of service on the required parties or the lien will be a nullity.