Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Apr 21, 2010 |
ordered to third reading cal.783 substituted for a9850 |
Apr 21, 2010 |
substituted by s6769 |
Apr 15, 2010 |
advanced to third reading cal.783 |
Apr 13, 2010 |
reported |
Feb 03, 2010 |
referred to judiciary |
Assembly Bill A9850
2009-2010 Legislative Session
Sponsored By
CUSICK
Archive: Last Bill Status Via S6769 - On Floor Calendar
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
Nelson Castro
Janele Hyer-Spencer
multi-Sponsors
William Boyland
Aileen Gunther
Susan John
David Koon
2009-A9850 (ACTIVE) - Details
2009-A9850 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9850 TITLE OF BILL: An act to amend the lien law, in relation to lien filings for retainage PURPOSE OR GENERAL IDEA OF BILL: This bill amends the lien law to provide a time period for filing a lien for retainage on private jobs.. SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 10 of the lien law by adding the provision, "and provided further where the notice of lien is for retainage, the notice of lien may be filed within 90 days after the date the retainage was due to be released." JUSTIFICATION: Currently, subcontractors who wait for their retainage to be released on private jobs will lose their lien rights as the waiting time will exceed the 8 month statute of limitations for filing a lien. This bill will cure this inequity by allowing the subcontractor a reasonable time period to file a lien for retainage. PRIOR LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately.
2009-A9850 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6769 A. 9850 S E N A T E - A S S E M B L Y February 3, 2010 ___________ IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print- ed, and when printed to be committed to the Committee on Judiciary IN ASSEMBLY -- Introduced by M. of A. CUSICK -- read once and referred to the Committee on Judiciary AN ACT to amend the lien law, in relation to lien filings for retainage THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 10 of the lien law, as amended by chapter 288 of the laws of 2000, is amended to read as follows: 1. Notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within eight months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished; provided, however, that where the improvement is related to real property improved or to be improved with a single family dwelling, the notice of lien may be filed at any time during the progress of the work and the furnishing of the materials, or, within four months after the completion of the contract, or the final performance of the work, or the final furnishing of the materials, dating from the last item of work performed or materials furnished; AND PROVIDED FURTHER WHERE THE NOTICE OF LIEN IS FOR RETAINAGE, THE NOTICE OF LIEN MAY BE FILED WITHIN NINETY DAYS AFTER THE DATE THE RETAINAGE WAS DUE TO BE RELEASED; except that in the case of a lien by a real estate broker, the notice of lien may be filed only after the performance of the brokerage services and execution of lease by both lessor and lessee and only if a copy of the alleged written agreement of employment or compensation is annexed to the notice of lien, provided that where the payment pursuant to the written agreement of employment or compensation is to be made in installments, then a notice of lien may be filed within eight months after the final payment is due, but in no event later than a date five years after the first payment was made. For purposes of this section, the term "single family dwelling" shall not include a dwelling unit which is a part of a subdivision that has been filed with a munici- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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