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New York Construction Law Blog

Challenging a mechanic’s lien in New York

Posted by Karl Silverberg | Jan 27, 2021 | 0 Comments

Do you have a mechanic's lien attached to your Bronx property? If so, selling it could be a major issue.

Mechanic's liens can end up being a serious problem for property owners. Once they're attached to a property by a contractor or a supplier, they can interfere with your ability to sell the property, refinance or even get a new construction loan.

What are your options for handling a mechanic's lien?

You can, of course, pay the lien and clear it. That's often the quickest method forward.

But what if you feel like the mechanic's lien is unjustified or inflated? What if you think it was placed in error, out of spite or simply by mistake? What if the bond is for the full amount of your bill, not just the unpaid portion?

In those situations, you may want to get a bond to discharge your lien. Generally, you can quickly remove the lien from your property and attach it to this type of surety bond. This doesn't absolve you of the debt, but it allows you the time to challenge it without worrying about the effect it may have on your next construction project.

Can you then challenge the mechanic's lien?

There are several different ways to challenge a mechanic's lien in court. If you believe the lien is inflated or incorrect, you can ask the lien holder to show line-item charges. You can challenge the facts of the lien and its legality based on defects in the lien itself.

While none of these may ultimately quash the lien, this may not be your only option for handling the problem. If a mechanic's lien is holding up your construction project, don't despair: Take action. Speak with an experienced New York legal advocate here in the Bronx, today.

About the Author

Karl Silverberg

Karl Silverberg Contact Me: (631) 778-6077 Email me Practice Areas: Construction Law Biography Prior to law school, Mr. Silverberg worked as a professional engineer, and has eight years of experience working as a structural engineer on public sector transportation projects. Mr. Silver...


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