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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.

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