US Legal Forms
Liens
New York Unconditional Waiver and Release of Lien Upon Final Payment

New York Form Printable With Pictures

Category:

Liens - Construction - Mechanics

State:

New York

Control #:

NY-15-09

Format:

Instant download

Description

This Unconditional Waiver and Release of Lien Upon Final Payment form is for use by a lienor, in consideration of final payment to waive and release his or her lien and right to claim a lien for labor, services or materials furnished through a certain date to a customer on the job of an owner of property.

Request for Admissions

View this form

18 U.S.C. Sec. 1962 INTERSTATE COMMERCE

View this form

Employment Reference Form

View this form

Petition To Disprove Parentage of Presumed...

View this form

Request for Hearing

View this form

Resolution of Meeting of LLC Members to Pu...

View this form

Notice of Successor Administrator's Lien

View this form

Amendment to Prenuptial or Premarital Agre...

View this form

Preliminary 20-Day Notice - Mechanic Liens...

View this form

Collective Bargaining Agreement between Ow...

View this form

How to fill out New York Unconditional Waiver And Release Of Lien Upon Final Payment?

The New York Form Printable With Pictures displayed on this page is a versatile legal template crafted by expert attorneys in adherence to federal and local laws.

For over 25 years, US Legal Forms has supplied individuals, businesses, and legal practitioners with more than 85,000 authenticated, state-specific documents applicable to any business or personal situation. It is the quickest, easiest, and most dependable method to acquire the documentation you require, as the service ensures bank-level data protection and anti-malware safeguards.

Search for the document you require and verify it.
Browse through the file you looked for and preview it or review the form description to confirm it meets your needs. If it doesn't, utilize the search function to locate the proper one. Click Buy Now once you have identified the template you need.
Register and Log In.
Select the pricing option that fits you and create an account. Use PayPal or a credit card for expedited payment. If you already possess an account, Log In and verify your subscription to continue.
Acquire the fillable template.
Select the format you desire for your New York Form Printable With Pictures (PDF, Word, RTF) and store the sample on your device.
Fill out and sign the document.
Print the template to complete it by hand. Alternatively, use an online multifunctional PDF editor to swiftly and accurately fill out and sign your form with a legally-binding electronic signature.
Download your documents once more.
Re-use the same document whenever necessary. Navigate to the My documents tab in your profile to re-download any previously saved forms.

Form popularity

FAQ

Satisfaction of Judgment: Once a defendant has paid-off a judgment, this form is used by the person receiving the money or property to let the court know that the judgment has been paid. Do not use this form to satisfy a judgment that contains an ongoing obligation, i.e. child support or maintenance.

In Small Claims Court plaintiffs act as their own attorney unless they choose to retain an attorney to represent them. The plaintiff must complete all forms and present their own evidence in court. The Court provides all forms necessary for the filing of a small claims case.

Internet access to civil and criminal court records is fee-based and can be found at ecf.mowd.uscourts.gov. Payment for copies is required at the time of the request. Include a self-addressed, stamped envelope for return of the copies. Copies are available in person during regular business hours.

A Missouri lawsuit starts by filing a petition. A petition states the facts of a dispute, which are typically briefly described in chronological order in numbered paragraphs. The petition must state enough facts to show that the plaintiff has a viable cause of action against the defendant.

There is no remote public access to documents filed before July 1, 2023. This includes certain judgments that used to be available to the public via Case.net. Access to these judgments was removed to protect any confidential information they may have contained.

Missouri small claims court allows businesses or people to file lawsuits of up to $5,000 without hiring an Attorney. Before you file suit in small claims court, make sure there is no other way of settling your dispute.

Can an attorney represent a small claims claimant in Missouri Circuit Court? Yes. Individuals can have a lawyer present the claim before the judge.

Any person or business with a civil claim that DOES NOT EXCEED $5,000.00 may bring a suit in small claims court. The $5,000.00 limit does not include court costs and interest on the $5,000.00 which the judge may award you.

Trusted and secure by over 3 million people of the world’s leading companies

Unconditional Waiver and Release of Lien Upon Final Payment

Note: This summary is not intended to be an all inclusive discussion of New York's construction or mechanic's lien laws, but does include basic provisions.

What is a construction or mechanic's lien?

Every State permits a person who supplies labor or materials for a construction project to claim a lien against the improved property. While some states differ in their definition of improvements and some states limit lien claims to buildings or structures, most permit the filing of a document with the local court that puts parties interested in the property on notice that the party asserting the lien has a claim. States differ widely in the method and time within which a party may act on their lien. Also varying widely are the requirements of written notices between property owners, contractors, subcontractors and laborers, and in some cases lending institutions. As a general rule, these statutes serve to prevent unpleasant surprises by compelling parties who wish to assert their legal rights to put all parties who might be interested in the property on notice of a claim or the possibility of a claim. This by no means constitutes a complete discussion of construction lien law and should not be interpreted as such. Parties seeking to know more about construction laws in their State should always consult their State statutes directly.

Who can file a lien in this State?

New York law permits "A contractor, subcontractor, laborer, materialman, landscape gardener, nurseryman or person or corporation selling fruit or ornamental trees, roses, shrubbery, vines and small fruits, who performs labor or furnishes materials for the improvement of real property with the consent or at the request of the owner thereof, or of his agent, contractor or subcontractor, and any trust fund to which benefits and wage supplements are due or payable for the benefit of such laborers, to have a lien for the principal and interest, of the value, or the agreed price, of such labor, including benefits and wage supplements due or payable for the benefit of any laborer, or materials upon the real property improved or to be improved and upon such improvement, from the time of filing a notice of such lien..." N.Y. Lien Law Â§3.

How long does a party have to file a lien?

A notice of lien may be filed at anytime during the progress of the work and the furnishing of the materials, or, 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; provided, however, that 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 Â§10.

What kind of notice is required prior to filing a lien?

"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, if a natural person, (a) by delivering the same to him personally, or if the owner cannot be found, to his agent or attorney, or (b) by leaving it at his last known place of residence in the city or town in which the real property or some part thereof is situated, with a person of suitable age and discretion, or (c) by registered or certified mail addressed to his last known place of residence, or (d) if such owner has no such residence in such city or town, or cannot be found, and he has no agent or attorney, by affixing a copy thereof conspicuously on such property, between the hours of nine o'clock in the forenoon and four o'clock in the afternoon; if the owner be a corporation, said service shall be made (i) by delivering such copy to and leaving the same with the president, vice-president, secretary or clerk to the corporation, the cashier, treasurer or a director or managing agent thereof, personally, within the state, or (ii) if such officer cannot be found within the state by affixing a copy thereof conspicuously on such property between the hours of nine o'clock in the forenoon and four o'clock in the afternoon, or (iii) by registered or certified mail addressed to its last known place of business. 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 Â§10.

How long is a lien good for?

"Any lien created under New York law shall be a lien for a period longer than one year after the notice of lien has been filed, unless within that time an action is commenced to foreclose the lien, ..." or the appropriate steps are taken to request that the court grant an extension. N.Y. Lien Law Â§17.

Are liens assignable?

Yes. New York statutes provide for the assignment of valid liens. The assignment must be in writing and acknowledged by the lien holder. N.Y. Lien Law Â§13.

Does this State require or provide for a notice from subcontractors and laborers to property owners?

Yes. A contractor working on a public improvement may issue a written demand that a state agency provide a notice of completion and acceptance. Also, a subcontractor or other party who furnishes labor and or materials for the improvement of property may issue a demand to the owner or contractor demanding that the owner or contractor provide a statement of the terms of the contract between the owner and the contractor.

Does this State require or provide for a notice from the property owner to the contractor, subcontractor, or laborers?

Yes. Under New York law a property owner whose property has been the subject of a notice of lien may demand in writing that the lien claimant provide an itemized statement of the labor and/or materials provided and their value.

Does this State require a notice prior to starting work, or after work has been completed?

No. New York statutes do not require a Notice of Commencement or a Notice of Completion as required in some other States.

Does this State permit a person with an interest in property to deny responsibility for improvements?

No. New York statutes do not have a provision which permits the denial of responsibility for improvements.

Is a notice attesting to the satisfaction of a lien provided for or required?

No. New York statutes do not provide for or require that a lien holder who has been paid produce or file a notice to that effect.

By what method does the law of this State permit the release of a lien?

A lien claimed under New York law may be discharged by the issuing of a certificate by the lien holder, filed in the court where the lien notice was filed, acknowledging the satisfaction and release of said lien. Otherwise, the lien will dissolve automatically within one year of filing if no legal action is taken to foreclose on said lien.

Does this State permit the use of a bond to release a lien?

Yes. New York law permits a party with an interest in the property in question to file a bond in the amount unpaid under the contract.