If a mechanical lien was placed on my home, how do I fight it?
If, as a property owner, you feel that a lien has been improperly placed against your property, the New York Lien Laws do offer two options.
Demand for Itemized Statement
The first option is to send a demand for an itemized statement under NY Lien Law §38:
"A lienor who has filed a lien shall, on demand in writing, deliver to the owner or contractor making such demand a statement in writing which shall set forth the items of labor and/or material and the value thereof which make up the amount for which he claims a lien, and shall also set forth the terms of the contract under which such items were furnished."
In other words, if the property owner or GC feels the claim is invalid, they can send a written demand for an itemized statement to support their lien claim. If the lienor fails to respond or fails to provide sufficient justification of the lien within 5 days after receipt of the demand, the owner can then petition the court for the removal/cancellation of the claim.
For more on this process, see: NY Lien Law §38: Pay Apps Don't Count As Itemized Statements
Demand to Foreclose
The second option allows a property owner to send a notice that requires the lienor to commence a foreclosure action under NY Lien Law §59:
"Such notice shall require the lienor to commence an action to enforce the lien, within a time specified in the notice, not less than thirty days from the time of service, or show cause... why the notice of lien filed... should not be vacated and cancelled..."
Under this option, once the lienor recieves a demand to foreclose, they must initiate the lawsuit within the time states in the notice; which can't be less than 30 days. This essentially calls the lienor's bluff, either file your lawsuit within 30 days, or their lien will be dismissed.
For more on this process, see: Want to Challenge a NY Mechanics Lien? Note These Words of Wisdom