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Does a subcontractor without s contract have rights to lien

 

Customer Question

Does a subcontractor without s contract have rights to lien a job?

Submitted: 288 days and 9 hours ago.
Category: Legal
Value: $28
Status: CLOSED
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Expert:  Law Pro replied 288 days and 9 hours ago.

What state is this in?

You did have a verbal agreement - correct?

Customer replied 288 days and 8 hours ago.

New York and we have a verbal aggreement.

Accepted Answer

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Expert:  Law Pro replied 288 days and 8 hours ago.

Verbal agreement are valid contracts.

On private projects, a lien may be filled by a broad array of individuals including general contractors, subcontractors, laborers, and material/equipment suppliers. Unlike other states, a subcontractor can file a lien regardless of his or her “tier”. In other words, a lien would be available to a sub-sub-sub-subcontractor or even lower tier. The only exception is that a material/equipment supplier does not get a lien if that person’s contract is with another supplier.

On private liens, file with the County Clerk of the county in which the project is located.

On private liens, you may serve a copy 1) before filing the lien, but not earlier than 5 days before or 2) within 30 days after it’s filing. The applicable statute, namely Chapter 33, Article 2, Section 11 gives a number of elaborate alternatives to service, including personal service by a process server and leaving a copy with someone of suitable age.



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Expert TypeAttorney
Category: Legal
Pos. Feedback: 97.6 %
Accepts: 5691
Answered: 6/25/2012

Experience: 20 years legal practitioner: real estate, collections, estate, civil, business, and criminal law

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