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Why are lien laws so confusing for interior designers in NY

New YorkDesign ProfessionalMechanics Lien

Hi. The information on the site is helpful but it’s confusing. The site says designers have the same rights as contractors and if they are hired directly they are considered dp’s. Yet, in all the questions regarding interior designers, the answers seem to be that the courts do not recognize designers rights to lien. So which one is it? If a designer has been part of the construction of a home. Providing advice and details for the homeowners contractor, ie. base molding details, floor stain colors, hardware specifications etc. these are all permanent changes to the home. If a designer provides project management services for a project involving sanding and staining of wood flooring in a home, replacing flooring, etc. wouldn’t that be considered lienable? Interior designers do more that just place furniture and advise on paint colors. Where do the courts stand on that? Why does the site provide information saying design professionals have the same rights, but then it’s refuted? Have there been any cases involving designer successfully filing liens in NY?

1 reply

Dec 30, 2019
Mechanics lien laws can be confusing, and terms related to lien laws and their interpretation of mechanic lien law can also be unclear. "Design Professional" is a term that is generally understood to mean "architect" or "engineer" and these parties are entitled to mechanics lien protection, just like the parties actually performing he physical construction work, provided that the work was for the "permanent improvement" of property. New York is interesting in that it is very difficult to challenge a lien on its face - it is very difficult to get a lien dismissed prior to being evaluated on its merits - provided that the formal requirements of the lien law are met. However, New York also strictly requires the "permeant improvement" requirement, going so far as to dismiss a lien claim for solar panel installation that was able to be removed. If the work itself qualifies for mechanics lien protection, the identity of the claimant as an "interior designer" shouldn't be a disqualified for that mechanics lien protection. Work such as preparing plans or specifications for use in the construction project, and supervising construction work, is work that generally qualify for mechanics lien protection.  
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