I am a subcontractor to a solar developer based in New York City. I finished an installation for this solar contractor a few years ago and have only got partially paid. There is still over $14,000 remaining. I have a receipt of the materials delivered to their client site (based in Staten Island - New York City). I have also emailed our client (solar contractor) a job specific invoice a number of times but they have gone silent. I received a partial payment of $7,000 towards the full contract amount (originally $21,000).
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.
Hi Gregory
Thank you for your response. Just two points that may make a difference to your answer - the work was done on a single family home.
Also, I did receive a payment on this contract within the last 8 months (Dec 2022).
Does this make a difference?
If not, or in lieu of this, do I have any other possible avenues open to me?
Thanks
Thomas
Unfortunately, the single family nature of the home makes things worse as contractors have only 4 months from their last work on the project to file the lien. The fact that you've received a payment relatively recently does not help as the time starts running when you finish your work on the project, and not when you ultimately may see some money. If that were the case, it would be a perverse disincentive to payment because new lien windows would open up every time a payment was forthcoming, and simply not paying would enable the clock to run.
As far as what you can do, you can always sue on the contract itself. While you won't have the security of the property, if the owner has assets you may see a recovery when you go to enforce any eventual judgment.
your best bet is to sue the homeowner. the lien law will not help you, it is been to long.