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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
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Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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What is the New York state lien law statue subcontractor

Customer Question

What is the New York state lien law statue for a subcontractor that works for an unlicensed contractor. Does the subcontractor have lien rights.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The NY Lien Law Section 3 ( says "any" subcontractor, it does not specify in the law whether the contractor they did the work for was licensed or unlicensed. Thus, the subcontractor can still have lien rights even if the contractor was unlicensed. While NY courts prevent an unlicensed contractor from suing or an unlicensed sub contractor, they do not prohibit a licensed subcontractor who happened to do work through an unlicensed contractor from suing or placing a mechanic's lien.

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