About Gregory Spaun
Gregory J. Spaun is a Partner at Welby, Brady & Greenblatt, LLP, practicing construction and commercial litigation, and real estate and property litigation. Mr.
Spaun’s representative work includes cases such as North Star Construction Corp. v MTA Capital Construction Corp., where, on appeal, he rebuffed an
owner/designer’s attempt to have a negligent misrepresentation claim dismissed, successfully arguing that the owner/designer, by specifying a sole source
supplier and then working with that supplier when issues arose as to the novel product the owner has specified, had a relationship with the subcontractor
which was the “functional equivalent of privity” sufficient to maintain such a claim despite that no direct contractual relationship existed between the sMore...
Spaun’s representative work includes cases such as North Star Construction Corp. v MTA Capital Construction Corp., where, on appeal, he rebuffed an
owner/designer’s attempt to have a negligent misrepresentation claim dismissed, successfully arguing that the owner/designer, by specifying a sole source
supplier and then working with that supplier when issues arose as to the novel product the owner has specified, had a relationship with the subcontractor
which was the “functional equivalent of privity” sufficient to maintain such a claim despite that no direct contractual relationship existed between the sMore...
Gregory Spaun's Recent Answers
Jan 24, 2023
Jan 24, 2023
From Randy Foley
New YorkPartner at Welby, Brady & Greenblatt, LLP.
Although you would think that this would be automatic, out of an abundance of caution the county clerk will typically require a court order discharging the
lien. However, that may not be the case if you're well outside of the NYC metro area. The best thing would be to call and ask to speak with a clerk and ask
about the process for releasing the deposited money. If they are requiring a court order, then you're going to have to bring a special proceeding tSee More...
lien. However, that may not be the case if you're well outside of the NYC metro area. The best thing would be to call and ask to speak with a clerk and ask
about the process for releasing the deposited money. If they are requiring a court order, then you're going to have to bring a special proceeding tSee More...
May 31, 2023
May 31, 2023
From THOMAS GATELY
New YorkPartner at Welby, Brady & Greenblatt, LLP.
I'm sorry to be the bearer of bad news, but it seems like you're out of luck. You have 8 months from the date of your last work to file a mechanic's lien on a
non-single family home project such as this. While there is an exception that re-opens your lien rights for 90 days after previously withheld retainage was due
to be paid, it sounds like this is the principal contract sum, and not simply late retainage.
non-single family home project such as this. While there is an exception that re-opens your lien rights for 90 days after previously withheld retainage was due
to be paid, it sounds like this is the principal contract sum, and not simply late retainage.
May 15, 2023
May 15, 2023
From an Anonymous Contractor
New YorkPartner at Welby, Brady & Greenblatt, LLP.
Provided that you are within the time period within which to do so (4 months for a single family home, and 8 months for any other project), you can always
file successive mechanic's liens if the first lien did not catch everything (for instance, if you performed work since the first filing). However, the lien can only
be filed for the reasonable value of the work and materials you've already provided to the project. Accordingly, if that value is "now at $454,000", See More...
file successive mechanic's liens if the first lien did not catch everything (for instance, if you performed work since the first filing). However, the lien can only
be filed for the reasonable value of the work and materials you've already provided to the project. Accordingly, if that value is "now at $454,000", See More...
May 15, 2023
May 15, 2023
From an Anonymous Contractor
New YorkPartner at Welby, Brady & Greenblatt, LLP.
Unfortunately, the answer is, it depends. If this is a single family home, or you have previously extended the lien, you will need to bring a special proceeding
in court to extend the lien. Further, because the deadline is rapidly approaching, you need to do this by order to show cause in order to get it in front of the
judge more quickly. However, if it is not a single family home, or you have not previously filed an extension, it's a matter of filing a simple form.
in court to extend the lien. Further, because the deadline is rapidly approaching, you need to do this by order to show cause in order to get it in front of the
judge more quickly. However, if it is not a single family home, or you have not previously filed an extension, it's a matter of filing a simple form.
May 10, 2023
May 10, 2023
From an Anonymous Contractor
New YorkPartner at Welby, Brady & Greenblatt, LLP.
First and foremost, a lienor has only 4 months to file a mechanics lien against a single family home. You mentioned that three months went by from the last
time the supplier provided materials until the time you initiated the charge back, and you also mentioned some back and forth after that. If more than 4
months elapsed overall from the time he provided his last materials, the lien is untimely and is subject to discharge on that basis. Assuming that it See More...
time the supplier provided materials until the time you initiated the charge back, and you also mentioned some back and forth after that. If more than 4
months elapsed overall from the time he provided his last materials, the lien is untimely and is subject to discharge on that basis. Assuming that it See More...
Details
Location
White Plains, NY; Albany, NY; New York, NY; New Paltz, NY; Danbury, CT
Years of Experience
25
Expertise Area
Construction Law
Licenses
New York Bar
Connecticut Bar