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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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can you file a lien for equipment impounded on a job site through

Resolved Question:

can you file a lien for equipment impounded on a job site through a contract dispute??
basically the contractor's lawyers have not allowed us on site to collect our equipment
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. Have they paid you for your work?

-ZDN

Customer: replied 1 year ago.

ye swe got paid then they stopped , owed us a bunch of money, that I understand we can file a lien for, but the Contractor's lawyers have prevented us from collecting our equipment, so we can neither rent nor sell the equipment to other customers

Expert:  Zachary replied 1 year ago.
Thank you for your response.

After reviewing the New York statute regarding mechanic's liens, it appears that you can file a lien on the property for your equipment. You would file the lien for the rental value of the equipment for each day you have been prevented from retrieving the equipment from the property.

Please let me know if you have further questions.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3825
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 8 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

thanks, XXXXX XXXXX you allowed to lien for the "value of the equipment" rather than the rental you could expect going forward??

Expert:  Zachary replied 1 year ago.
I don't think so. The mechanic lien statute is set up so that you file the lien for the amount you would be paid for the work you performed. When it comes to equipment used on the property, it is for the fair rental value of each day left on the property. Thus, they have to release the equipment in order to satisfy the lien or eventually the lien will be worth more than the value of the equipment.

Customer: replied 1 year ago.

thanks understood

Expert:  Zachary replied 1 year ago.
Best of Luck

Please remember to rate my services positively so that I may be paid by the website for my work on your question.

-ZDN

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