Jump to Navigation

Mechanic's Liens Archives

Pitfalls in Arbitration and Construction Lien Enforcement

Construction lien remedies are cumulative to other remedies under the contract, including the right of a contractor, subcontractor, material man, laborer or design professional to demand arbitration where permitted by the terms of the written agreement. In that connection, New York State Lien Law ยง 35 is explicit in stating that the filing of a notice of lien shall not be a waiver of any right of arbitration. However, care must be taken in proceedings by the lien claimant to insure that there is no waiver of the arbitration agreement, or of requirements under the Lien Law.

A Mechanic's Lien May Be Summarily Discharged Only For Defects Appearing On Its Face

The mechanic's lien is the contractor's most effective weapon in a payment dispute with an owner in connection with the improvement of privately owned real property. We often receive calls from owners claiming that a contractor improperly filed a lien against their property, and seeking a way to immediatelydischarge the lien. In most cases, there is no low-cost method of quickly discharging a lien.

Contact Us

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Contact Our Office

Greenberg, Trager & Herbst, LLP
767 Third Avenue, 12th Floor
New York, NY 10017
Telephone: 212-688-1900
Toll Free: 877-806-8851
Fax: 212-688-3201

Map and Directions

FindLaw Network
Greenberg, Trager & Herbst, LLP | Nearly a century of construction law excellence