N.Y. Lien Law § 11 & § 76

Notice Under Mechanic's Lien Law — New York

New York is unusual: rather than a true preliminary notice, the Mechanic's Lien itself must be filed within strict deadlines (8 months commercial, 4 months single-family residential) under N.Y. Lien Law § 11. Lien Law § 76 also gives subs and suppliers a powerful pre-lien tool — the right to demand a sworn trust-fund accounting from the contractor.

Who serves it in New York?

Subcontractors, material suppliers, equipment lessors, and trust-fund beneficiaries who furnish labor or materials to a New York project. Direct contractors with the owner generally file a lien directly without a separate preliminary notice.

When it must be served

A Notice of Mechanic's Lien itself must be filed within 8 months of last furnishing (4 months for single-family residential). Lien Law § 76 trust-fund inquiries can be demanded at any point to verify proper application of construction payments.

Who gets served

Service method

Lien notices are filed with the County Clerk in the county where the property is located. Service on the owner must be by personal delivery or certified mail with return receipt requested.

Threshold & lien-rights effect

Applies to private improvements. Single-family residential projects have distinct rules; larger commercial projects rely on § 76 trust-fund accountings and § 11 notices.

Read § 11 on the official statute site

New York Preliminary Notice FAQ

Does New York require a preliminary notice before filing a lien?

No — New York is not a preliminary-notice state in the California sense. Instead, the Mechanic's Lien itself must be filed within strict windows: 8 months for commercial work, 4 months for single-family residential.

What is a § 76 trust-fund inquiry?

Under N.Y. Lien Law § 76, a beneficiary (subcontractor, supplier, laborer) can serve a written demand requiring the contractor to produce a sworn statement of trust-fund receipts and disbursements. A pre-lien collection tool that exposes fund diversion.

Where is a New York Mechanic's Lien filed?

With the County Clerk in the county where the real property is located. A copy must be served on the owner by personal delivery or certified mail.

Preliminary Notices in other states

This page is general information about New York's Notice Under Mechanic's Lien Law (N.Y. Lien Law § 11 & § 76) and is not legal advice. Deadlines and service rules change — verify current requirements with a licensed New York construction attorney before relying on them.