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New York Demand for Itemized Statement by Corporation

Bronx New York Demand for Itemized Statement by Corporation

Q: How do I get rid of a mechanic&#039;s lien in New York?

Removing a mechanic&#039;s lien in New York usually involves either paying the owed amount or successfully contesting the lien in court. Once resolved, it s essential to file the correct paperwork with the clerk s office to clear your title. Utilizing resources from USLegalForms can help streamline the process, especially in situations related to a Bronx New York Demand for Itemized Statement by Corporation.

Category:

Liens - Construction - Mechanics

State:

New York

County:

Bronx

Control #:

NY-07A-09

Format:

Instant download

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Description

A property owner or contractor may issue a written demand using this form that the party who filed a notice of lien statement provide an itemized statement of labor and/or material provided, including the value or cost of said labor and materials. The lien holder is required to respond with an itemized statement within five (5) days, or the owner or contractor may petition the court to order such a statement to be produced. Failure to respond to the order of the court may result in the nullification of the lien.

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How to fill out New York Demand For Itemized Statement By Corporation?

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FAQ

Filling out an order to show cause in New York requires careful attention to detail. Start by accurately identifying the parties involved and clearly stating the relief you seek. Be sure to include the grounds for your demand, emphasizing the importance of obtaining a Bronx New York Demand for Itemized Statement by Corporation. Using a reliable platform like USLegalForms can simplify this process, guiding you step-by-step to ensure all necessary information is included.

Removing a mechanic's lien in New York usually involves either paying the owed amount or successfully contesting the lien in court. Once resolved, it’s essential to file the correct paperwork with the clerk’s office to clear your title. Utilizing resources from USLegalForms can help streamline the process, especially in situations related to a Bronx New York Demand for Itemized Statement by Corporation.

In New York, a lien typically remains valid for a period of one year after it is filed. However, if you take action to enforce the lien, such as filing a lawsuit, the validity can be extended further. Keep this in mind when you receive a Bronx New York Demand for Itemized Statement by Corporation, as timing is crucial in managing potential liens.

Lien Law 38 mandates that corporations provide an itemized statement of account when a demand is made. This is a safeguard to ensure that parties are informed about what is owed in a construction context. If you need clarity regarding your obligations, knowing this rule helps you respond effectively to a Bronx New York Demand for Itemized Statement by Corporation.

The lien law in New York governs how liens operate and the rights of lien claimants. It includes details about filing procedures, notification requirements, and mechanisms for resolving disputes. Understanding this law is particularly important for anyone facing a Bronx New York Demand for Itemized Statement by Corporation, as it can affect your rights and options.

NY Lien Law 38 specifically addresses the requirement for a corporation to provide an itemized statement upon demand. This law ensures that parties involved in construction projects have a clear understanding of outstanding amounts and responsibilities. For those dealing with Bronx New York Demand for Itemized Statement by Corporation, this law plays a critical role in clarifying financial obligations.

The highest priority liens typically include mortgage liens and certain government tax liens. Mortgage liens generally take precedence unless there are unique circumstances. Understanding these priorities can significantly affect corporations in the Bronx, particularly when responding to a 'Bronx New York Demand for Itemized Statement by Corporation,' as they must ensure they navigate this landscape effectively.

Contractors have a limited timeframe of 8 months to file a lien in New York. This deadline ensures timely resolution of disputes related to payment and project completion. For corporations in the Bronx, adhering to this timeline is crucial, especially when addressing a 'Bronx New York Demand for Itemized Statement by Corporation' to maintain their financial integrity.

In New York, the general priority of liens follows a first-in-time, first-in-right rule. However, certain statutory liens, like tax liens, may take precedence over others. Understanding this priority system is vital for corporations in the Bronx when they face demands for itemized statements and seek to clarify their financial standing under the 'Bronx New York Demand for Itemized Statement by Corporation.'

The priority of liens is typically determined by the date of filing. Liens filed first generally hold more power, although specific types of liens, like tax liens, can supersede others regardless of the filing date. For anyone dealing with financial matters in the Bronx, recognizing how lien priority works is essential, especially in cases involving a 'Bronx New York Demand for Itemized Statement by Corporation.'

Interesting Questions

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Demand for Itemized Statement by Corporation

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.