I filed a Mechanics lien in Manhattan County on a commercial project back on December 20, 2019. I did not extend it prior to the 1 year anniversary. Am I still able to extend it, or file a new lien against the same company/dollar amount at this time?
Generally, New York mechanics liens may be extended on commercial projects by filing an extension, or by petitioning the court within the one year deadline to enforce the claim. However, the key is to take action prior to the lien's expiration. There has been some wiggle room in the past concerning the extension of liens that have already expired, but that case dealt with a petition to the court that was timely filed, but not delivered to the Justice prior to the expiration; which doesn't appear to apply to your issue.
Furthermore, once a claim has expired, a new claim for the same labor and/or materials under the same contract will be invalid.
Note though, that even if lien rights have lapsed, there are still other legal remedies available to recover payment such as actions against your hiring party under breach of contract or unjust enrichment, or claims under the NY prompt payment laws.
You should reach out to a local NY construction attorney personally to discuss these options in more detail.
Here are some additional resources that may prove helpful:
You can’t extend it….and if it is a private improvement you can’t re-file as you can only file a lien within 8 months of your last work on the project.
If the project was public works, you may be able to re-file, since liens can be filed within 30 days of project completion and acceptance.