Lien deadlines · New York

New York mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

Under N.Y. Lien Law art. 2, the lien filing rule for projects other than residential is 8 months after last furnishing, and for residential projects, meaning a single family dwelling, it is 4 months after last furnishing (N.Y. Lien Law § 10(1)). The deadline to sue is 1 year after the notice of lien is filed for both project types (N.Y. Lien Law § 17). The preliminary notice stage reads None required.

New York · Lien deadlinesVerified 2026-10-01
Lien filing
8 months after last furnishing
Other than residential projects
Preliminary notice
None required
Deadline to sue
Other than residential: 1 year after the notice of lien is filed; Residential: 1 year after the notice of lien is filed

Preliminary notice

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefaultNone requiredStatute: N.Y. Lien Law § 3
from the time of filing a notice of such lien as prescribed in this chapter
N.Y. Lien Law § 3 · Official text · text captured 2026-09-22

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerOther than residentialDefault8 months after last furnishingStatute: N.Y. Lien Law § 10(1)
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerResidentialDefault4 months after last furnishingStatute: N.Y. Lien Law § 10(1)
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyFor a notice of lien for retainage90 days after the date the retainage was due to be released.Statute: N.Y. Lien Law § 10(1)
within eight months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished
N.Y. Lien Law § 10(1) · Official text · text captured 2026-09-22
where the improvement is related to real property improved or to be improved with a single family dwelling, the notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within four months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished
N.Y. Lien Law § 10(1) · Archived copy of the official text, captured 2026-09-22
where the notice of lien is for retainage, the notice of lien may be filed within ninety days after the date the retainage was due to be released
N.Y. Lien Law § 10(1) · Official text · text captured 2026-09-22

Service of the lien

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault30 days after the notice of lien is filedStatute: N.Y. Lien Law § 11
What the statute says about it. Failing to file proof of service with the county clerk within 35 days after the notice of lien is filed terminates the notice as a lien. Recipients: The owner.
Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault30 days after the notice of lien, or an amendment of notice of lien, is filedStatute: N.Y. Lien Law § 11-b
What the statute says about it. Recipients: The contractor, subcontractor, assignee or legal representative for whom the lienor was employed or to whom it furnished materials; The contractor as well, when the lienor contracted with a subcontractor or sub-subcontractor but not with the contractor. Delivery: Certified mail.
Within five days before or thirty days after filing the notice of lien, the lienor shall serve a copy of such notice upon the owner
N.Y. Lien Law § 11 · Official text · text captured 2025-12-06
Failure to file proof of such a service with the county clerk within thirty-five days after the notice of lien is filed shall terminate the notice as a lien.
N.Y. Lien Law § 11 · Official text · text captured 2025-12-06
Within five days before or thirty days after filing a notice of lien in accordance with section ten of this chapter or the filing of an amendment of notice of lien in accordance with section twelve-a of this chapter the lienor shall serve a copy of such notice or amendment by certified mail on the contractor, subcontractor, assignee or legal representative for whom he was employed or to whom he furnished materials
N.Y. Lien Law § 11-b · Archived copy of the official text, captured 2025-04-18
A lienor having a direct contractual relationship with a subcontractor or a sub-subcontractor but not with a contractor shall also serve a copy of such notice or amendment by certified mail to the contractor.
N.Y. Lien Law § 11-b · Official text · text captured 2025-04-18

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerOther than residentialDefault1 year after the notice of lien is filedStatute: N.Y. Lien Law § 17
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerResidentialDefault1 year after the notice of lien is filedStatute: N.Y. Lien Law § 17
No lien specified in this article shall be a lien for a longer period than one year after the notice of lien has been filed, unless within that time an action is commenced to foreclose the lien, and a notice of the pendency of such action
N.Y. Lien Law § 17 · Official text · text captured 2026-09-22
A lien on real property improved or to be improved with a single family dwelling may only be extended by an order of a court of record, or a judge or justice thereof.
N.Y. Lien Law § 17 · Official text · text captured 2026-09-22

Residential projects

In these rules, residential means real property improved or to be improved with a single family dwelling. A single family dwelling does not include a dwelling unit in a filed subdivision that, when the lien is filed, the developer owns for purposes other than the developer's personal residence.

where the improvement is related to real property improved or to be improved with a single family dwelling, the notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within four months after the completion of the contract
N.Y. Lien Law § 10(1) · Official text · text captured 2026-09-22
the term "single family dwelling" shall not include a dwelling unit which is a part of a subdivision that has been filed with a municipality in which the subdivision is located when at the time the lien is filed, such property in the subdivision is owned by the developer for purposes other than his personal residence.
N.Y. Lien Law § 10(1) · Archived copy of the official text, captured 2026-09-22

How the days are counted

The day of the event is not counted, and the last day of the period is.

A number of days specified as a period from a certain day within which or after or before which an act is authorized or required to be done means such number of calendar days exclusive of the calendar day from which the reckoning is made.
N.Y. Gen. Constr. Law § 20 · Archived copy of the official text, captured 2025-11-08
In computing any specified period of time from a specified event, the day upon which the event happens is deemed the day from which the reckoning is made. The day from which any specified period of time is reckoned shall be excluded in making the reckoning.
N.Y. Gen. Constr. Law § 20 · Archived copy of the official text, captured 2025-11-08

A last day that falls on a Saturday, a Sunday or a legal holiday moves to the next day that is not one.

When any period of time, computed from a certain day, within which or after which or before which an act is authorized or required to be done, ends on a Saturday, Sunday or a public holiday, such act may be done on the next succeeding business day
N.Y. Gen. Constr. Law § 25-a(1) · Archived copy of the official text, captured 2025-08-25

Who the deadlines apply to

Nearly every rule on this page names the same roles: direct contractor, subcontractor, sub-subcontractor, supplier and laborer. At the first stage, the preliminary notice row reads None required for each of them, on any project type [1]. From there, the stages that follow turn on the notice of lien and its filing.

One rule departs from the full list. The second service rule, on the copies § 11-b sends by certified mail, names subcontractors, sub-subcontractors, suppliers and laborers, and leaves the direct contractor out [5] [6]. The owner service rule names every role, the direct contractor included.

Project type does the rest of the sorting. The lien filing and deadline to sue stages each carry one rule for projects other than residential and one for residential projects, and the page keeps them on separate rows.

How the periods run

The two project-type filing periods run from the same event, last furnishing: the final item of work or materials supplied to the job. The rule listed for projects other than residential is 8 months after last furnishing [2]. The rule listed for residential projects, which here means a single family dwelling, is 4 months after last furnishing [3].

For a notice of lien for retainage, a third filing rule applies on any project type: 90 days after the date the retainage was due to be released. [2] The calculator draws no date for it, because the date the retainage was due to be released is not one of its inputs.

Two service rules are labeled 30 days after the notice of lien is filed [4] and 30 days after the notice of lien, or an amendment of notice of lien, is filed [5]. Under § 11 the "lienor" serves the owner [4]. The statute adds a consequence: failing to file proof of that service with the county clerk within 35 days after the notice of lien is filed terminates the notice as a lien [4]. Under § 11-b, a copy also goes by certified mail to the contractor, subcontractor, assignee or legal representative for whom the lienor was employed or to whom it furnished materials [5]. A lienor that contracted with a subcontractor or sub-subcontractor, but not with the contractor, sends one to the contractor as well [6].

The last stage is measured from the filing too. The deadline to sue appears as 1 year after the notice of lien is filed for both project types [7]. Under § 17, the lien lasts no longer than that unless, within that time, an action to foreclose is commenced and a notice of pendency is filed, or the lien is extended [7]. The residential row cites one more sentence of § 17, on extending a lien on single family dwelling property, and the page prints it under the table.

How residential work is treated

Residential, in these rules, means real property improved or to be improved with a single family dwelling [2]. A dwelling unit in a filed subdivision falls outside that term when, at the time the lien is filed, the developer owns the property for purposes other than the developer's personal residence [3]. Two stages differ for such a project: the shorter filing period, and the extra § 17 sentence attached to the deadline to sue.

Counting the days

The General Construction Law supplies the counting. The day of the event is the day the reckoning starts from, and that day is left out of the count [8]. When a period ends on a Saturday, a Sunday or a public holiday, the act may be done on the next business day, and this applies to every period on the page [9]. Public holidays are those § 24 lists [10].

What changed recently

The current texts of sections 10, 11 and 17 are the revision dated September 22, 2014 [2] [4] [7]. Section 11-b is the revision dated February 20, 2015 [6].

Related

Lien deadlines: other states

Sources

  1. N.Y. Lien Law § 3, New York State Senate (retrieved 2026-09-30)
  2. N.Y. Lien Law § 10, New York State Senate (retrieved 2026-09-30)
  3. N.Y. Lien Law § 10, New York State Senate (archived copy, captured 2026-09-22)
  4. N.Y. Lien Law § 11, New York State Senate (retrieved 2026-09-30)
  5. N.Y. Lien Law § 11-b, New York State Senate (archived copy, captured 2025-04-18)
  6. N.Y. Lien Law § 11-b, New York State Senate (retrieved 2026-09-30)
  7. N.Y. Lien Law § 17, New York State Senate (retrieved 2026-09-30)
  8. N.Y. Gen. Constr. Law § 20, New York State Senate (archived copy, captured 2025-11-08)
  9. N.Y. Gen. Constr. Law § 25-a, New York State Senate (archived copy, captured 2025-08-25)
  10. N.Y. Gen. Constr. Law § 24, New York State Senate (archived copy, captured 2026-02-11)

Changelog

  1. : Page published.
  2. : Dataset first published: 9 of 51 jurisdictions published.