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New York Demand for Terms of Contract - Individual

Kings New York Demand for Terms of Contract - Individual

Q: What does &#039;rule returnable&#039; mean?

&#039;Rule returnable&#039; signifies that a party must appear in court on a specific date to address the motion&#039;s points. In the context of a Kings New York Demand for Terms of Contract - Individual, this is crucial because it can affect your schedule and responsibilities. Understanding this will help you prepare accordingly. Always ensure you are aware of the court&#039;s rules surrounding these returns.

Q: What does show cause mean?

Show cause means to demonstrate or justify one s actions in a legal context, especially in response to a court order. It requires the party to present evidence or arguments as to why the court should rule in their favor. Grasping the concept of show cause is important for individuals facing situations related to the Kings New York Demand for Terms of Contract - Individual.

Category:

Liens - Construction - Mechanics

State:

New York

County:

Kings

Control #:

NY-01-09

Format:

Instant download

Description

New York statutes provide that a subcontractor, laborer, or materialman providing labor or materials to a contractor or subcontractor may issue a written demand to the property owner for the terms of the contract between the contractor and the property owner. The owner is required to provide the terms of said contract within thirty (30) days or be held liable for any damages that result.

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FAQ

Responding to a motion involves filing your legal arguments or evidence against what the moving party has presented. For a Kings New York Demand for Terms of Contract - Individual, your response is essential in shaping the case's outcome. Ensure that you address all points raised in the motion thoroughly. This process highlights the importance of being proactive in legal matters.

'Rule returnable' signifies that a party must appear in court on a specific date to address the motion's points. In the context of a Kings New York Demand for Terms of Contract - Individual, this is crucial because it can affect your schedule and responsibilities. Understanding this will help you prepare accordingly. Always ensure you are aware of the court's rules surrounding these returns.

When a motion is returnable, it means that it is scheduled for a court appearance on a specific date. For those navigating a Kings New York Demand for Terms of Contract - Individual, being aware of when a motion is returnable is essential for effective participation. It allows you to prepare your arguments and gather evidence. Preparation is the key to addressing the motion successfully.

Returning a case usually refers to submitting the case files back to the court after reviewing or completing specific actions. For those involved in a Kings New York Demand for Terms of Contract - Individual, this can include filing important documents or updates. It's vital to follow the proper procedures to avoid any delays or complications. Remember, every document matters.

A demand for a bill of particulars is a formal request for more detailed information regarding a lawsuit. In cases dealing with a Kings New York Demand for Terms of Contract - Individual, such a demand can clarify the specifics of the allegations. Understanding each element helps prepare your response and strategy effectively. It is vital for ensuring all parties are informed.

Show cause means to demonstrate or justify one’s actions in a legal context, especially in response to a court order. It requires the party to present evidence or arguments as to why the court should rule in their favor. Grasping the concept of show cause is important for individuals facing situations related to the Kings New York Demand for Terms of Contract - Individual.

To write an order to show cause, you must first present the underlying issues clearly and precisely. Include pertinent details such as the parties involved, the relief being sought, and the reasons for urgency. This clarity helps ensure compliance with the Kings New York Demand for Terms of Contract - Individual.

The note of issue for discovery is a legal document that indicates a case is ready to proceed with the discovery phase. This document informs the court that necessary pre-trial procedures have been completed, allowing parties to exchange evidence. Familiarity with the note of issue is essential when navigating the complexities of the Kings New York Demand for Terms of Contract - Individual.

A show cause order is a legal directive requiring a party to explain why the court should not take a specific action. This type of order is common in urgent legal situations, ensuring that all parties have an opportunity to present their side. Understanding its implications is vital when you are handling the Kings New York Demand for Terms of Contract - Individual.

The order to show cause response is the reply filed by the opposing party to counter the claims made in the initial order. This response typically includes arguments or evidence that contest the points raised. Knowing how to properly address these responses is essential for anyone involved in legal matters related to the Kings New York Demand for Terms of Contract - Individual.

Interesting Questions

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Demand for Terms of Contract - Individual

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.