What is the deadline to file a mechanic's lien after finishing work?

What the Law Says

New York’s Lien Law sets strict deadlines for filing a mechanic’s lien, depending on the type of project and claimant’s role. Missing the deadline voids the lien entirely.

For private construction projects (e.g., commercial buildings or multi-family housing), a contractor must file a mechanic’s lien within 8 months after the last day labor or materials were furnished. This applies to general contractors, subcontractors, and material suppliers.

However, for residential projects involving 1–4 family dwellings, the deadline is shortened to 4 months after completion — regardless of whether the claimant is the general contractor or a subcontractor.

On public works projects (e.g., government buildings or roads), no mechanic’s lien may be filed. Instead, claimants must serve a Notice of Claim on the public owner within 90 days of their last work or delivery — and then pursue a claim under the Public Works Law.

After filing, the lien remains valid for one year unless extended by court order or unless an action to foreclose is commenced within that time. Also, within 30 days of filing, the lienor must serve a copy of the lien on the property owner.

Statutory Text

Every person performing labor or furnishing materials for the improvement of real property… shall have a lien… provided that such lien is filed… within eight months after the performance of such labor or the furnishing of such materials.

— Lien Law § 10(1) — Time for filing lien

Statutory Text

In the case of an improvement to a one-family, two-family, three-family or four-family dwelling, such lien shall be filed… within four months after the performance of such labor or the furnishing of such materials.

— Lien Law § 10(2) — Special rule for 1–4 family dwellings

Statutory Text

No lien shall be filed… in respect of a public improvement… but any person… may serve a notice of claim upon the public owner… within ninety days after the performance of such labor or the furnishing of such materials.

— Lien Law § 12 — Liens on public improvements

What to Do

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