§ 12 — Notice of lien on account of public improvements

New York § 12

• Jurisdiction: New York
• Law LIE: Lien
• Art. 2: Mechanics' Liens

Text

§ 12. Notice of lien on account of public improvements. At any time\nbefore the construction or demolition of a public improvement is\ncompleted and accepted by the state or by the public corporation, and\nwithin thirty days after such completion and acceptance, a person\nperforming work for or furnishing materials to a contractor, his\nsubcontractor, assignee or legal representative, may file a notice of\nlien with the head of the department or bureau having charge of such\nconstruction or demolition and with the comptroller of the state or with\nthe financial officer of the public corporation, or other officer or\nperson charged with the custody and disbursements of the state or\ncorporate funds applicable to the contract under which the claim is\nmade. The notice shall state the name and residence of the lienor, the\nname of the contractor or subcontractor for whom the labor was performed\nor materials furnished, the amount claimed to be due or to become due,\nthe date when due, a description of the public improvement upon which\nthe labor was performed and materials expended, the kind of labor\nperformed and materials furnished, and materials actually manufactured\nfor but not delivered to such public improvement, and give a general\ndescription of the contract pursuant to which such public improvement\nwas constructed or demolished. If the lienor is a partnership or a\ncorporation, the notice shall state the business address of such\npartnership or corporation, the names of the partners, and if a foreign\ncorporation, its principal place of business within the state. If the\nname of the contractor or subcontractor is not known to the lienor, it\nmay be so stated in the notice, and a failure to state correctly the\nname of the contractor or subcontractor shall not affect the validity of\nthe lien. The notice must be verified by the lienor or his agent, to the\neffect that the statements therein contained are true to his own\nknowledge, except as to the matters therein stated to be alleged on\ninformation and belief, and that as to those matters he believes it to\nbe true. The comptroller of the state or the financial officer of the\npublic corporation or other officer or person charged with the custody\nand disbursements of the state or corporate funds applicable to the\ncontract under which the claim is made shall enter the same in a book\nprovided for that purpose, to be called the "lien book". Such entry\nshall include the name and residence of the lienor, the name of the\ncontractor or subcontractor, the amount of the lien and date of filing,\nand a brief designation of the contract under which the lien arose.\n