Assembly Bill A9850

2009-2010 Legislative Session

Relates to lien filings for retainage

download bill text pdf

Sponsored By

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

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2009-A9850 (ACTIVE) - Details

See Senate Version of this Bill:
S6769
Law Section:
Lien Law
Laws Affected:
Amd §10, Lien L
Versions Introduced in 2011-2012 Legislative Session:
A5022, S3179

2009-A9850 (ACTIVE) - Summary

Provides that 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.

2009-A9850 (ACTIVE) - Sponsor Memo

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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