The owner of the building which is also an attorney asked me if I remove the lien he will issue a check right away. Can I remove the lien and if he doesn’t pay can I put the lien back?
The usual way is to exchange the check for the lien release. Otherwise, your lien may be challenged as having been discharged or the time may have expired.
If he is going to pay your right away, why would you remove the lien prior to getting paid? I would be leary aobut releasing any rights prior to getting payment. My advice is to leave the lien in place until the check clears.
thank you carol. inwas told that New York takes 8 months . Is that true?
you have right to lien for up to 8 months from the last day worked, excluding punch list. if the job is a residence it is 4 months.
If you are within the time frame in which to file the lien (8 months from your last work on a commerical building; 4 months for a single family home), and the "removal" document is a release of lien (and not a satisfaction of lien), then yes. Otherwise, the better procedure would be to have the payment made in escrow to someone on your behalf, and release the lien knowing that once the lien is released payment cannot be taken back.