New York Laws
Article 2 - Mechanics' Liens
5 - Liens Under Contracts for Public Improvements.

ยง 5. Liens under contracts for public improvements. A person
performing labor for or furnishing materials to a contractor, his or her
subcontractor or legal representative, for the construction or
demolition of a public improvement pursuant to a contract by such
contractor with the state or a public corporation, and any trust fund to
which benefits and wage supplements are due or payable for the benefit
of such person performing labor, shall have a lien for the principal and
interest of the value or agreed price of such labor, including benefits
and wage supplements due or payable for the benefit of any person
performing labor, or materials upon the moneys of the state or of such
corporation applicable to the construction or demolition of such
improvement, to the extent of the amount due or to become due on such
contract, and under a judgment of the court of claims awarded to the
contractor for damages arising from the breach of such contract by the
state, or awarded for furnishing labor or materials not contemplated by
the provisions of said contract, upon filing a notice of lien as
prescribed in this article, except as hereinafter in this article
provided. Where no public fund has been established for the financing of
a public improvement with estimated cost in excess of two hundred fifty
thousand dollars, the chief financial officer of the public owner shall
require the private entity for whom the public improvement is being made
to post, or cause to be posted, a bond or other form of undertaking
guaranteeing prompt payment of moneys due to the contractor, his or her
subcontractors and to all persons furnishing labor or materials to the
contractor or his or her subcontractors in the prosecution of the work
on the public improvement.

Structure New York Laws

New York Laws

LIE - Lien

Article 2 - Mechanics' Liens

3 - Mechanic's Lien on Real Property.

4 - Extent of Lien.

4-A - Insurance Proceeds Liable for Demands.

5 - Liens Under Contracts for Public Improvements.

6 - Liens for Labor on Railroads.

7 - Liability for Advance Payments, Collusive Mortgages and Incumbrances.

8 - Terms of Contract May Be Demanded.

9 - Contents of Notice of Lien.

10 - Filing of Notice of Lien.

11 - Service of Copy of Notice of Lien.

11-A - Notice of Completion and Acceptance May Be Demanded.

11-B - Copy of Notice of Lien to a Contractor or Subcontractor.

11-C - Copy of Notice of Lien to a Contractor or Subcontractor With Respect to Public Improvements Liens.

12 - Notice of Lien on Account of Public Improvements.

12-A - Amendment.

13 - Priority of Liens.

14 - Assignment of Lien.

15 - Assignments of Contracts and Orders to Be Filed.

16 - Assignment of Contracts and Orders for Public Improvement to Be Filed.

17 - Duration of Lien.

18 - Duration of Lien Under Contract for a Public Improvement.

19 - Discharge of Lien for Private Improvement.

20 - Discharge of Lien After Notice of Lien Filed by Payment of Money Into Court.

21 - Discharge of Lien for Public Improvement.

21-A - Vacating Lien for a Public Improvement, by Order of Court.

22 - Building Loan Contract.

23 - Construction of Article.

24 - Enforcement of Mechanic's Lien.

25 - Priority of Liens and Assignments Under Contracts for Public Improvements.

26 - Subordination of Liens After Agreement With Owner.

28 - Lien of Certain Judgments Postponed.

29 - Subordination of Liens to Subsequent Mortgage.

30 - Subordination of Notices of Lis Pendens.

31 - Discharge of Liens on Sale of Real Property.

32 - Certain Liens and Claims Not to Be Affected.

33 - Certain Sections Not to Apply to Laborers' Liens.

34 - Waiver of Lien.

35 - Waiver of Arbitration; Arbitrators' Award Conclusive.

37 - Bond to Discharge All Liens.

38 - Itemized Statement May Be Required of Lienor.

39 - Lien Wilfully Exaggerated Is Void.

39-A - Liability of Lienor Where Lien Has Been Declared Void on Account of Wilful Exaggeration.

39-C - Repossession of Materials Not Used.