S T A T E O F N E W Y O R K
________________________________________________________________________
3513
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. GIANARIS -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the lien law, in relation to the right of professional
surveyors to place liens on real property for performance of surveying
services in the state of New York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 3 of the lien law, as amended by chapter 137 of the
laws of 1985, is amended to read as follows:
S 3. Mechanic's lien on real property. 1. A contractor, subcontractor,
laborer, materialman, landscape gardener, nurseryman or person or corpo-
ration selling fruit or ornamental trees, roses, shrubbery, vines and
small fruits, who performs labor or furnishes materials for the improve-
ment of real property with the consent or at the request of the owner
thereof, or of his OR HER agent, contractor or subcontractor, and any
trust fund to which benefits and wage supplements are due or payable for
the benefit of such laborers, shall have a lien for the principal and
interest, of the value, or the agreed price, of such labor, including
benefits and wage supplements due or payable for the benefit of any
laborer, or materials upon the real property improved or to be improved
and upon such improvement, from the time of filing a notice of such lien
as prescribed in this chapter. Where the contract for an improvement is
made with a husband or wife and the property belongs to the other or
both, the husband or wife contracting shall also be presumed to be the
agent of the other, unless such other having knowledge of the improve-
ment shall, within ten days after learning of the contract give the
contractor written notice of his or her refusal to consent to the
improvement. Within the meaning of the provisions of this chapter, mate-
rials actually manufactured for but not delivered to the real property,
shall also be deemed to be materials furnished.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05865-01-9
A. 3513 2
2. A LICENSED LAND SURVEYOR, WHO PERFORMS LABOR OR FURNISHES A SURVEY,
REPORT, PLAT OR PLAN OF REAL PROPERTY WITH THE CONSENT OR AT THE REQUEST
OF THE OWNER THEREOF, OR OF HIS OR HER AGENT, CONTRACTOR OR SUBCONTRAC-
TOR, AND ANY TRUST FUND TO WHICH BENEFITS AND WAGE SUPPLEMENTS ARE DUE
OR PAYABLE FOR THE BENEFIT OF SUCH LABORERS, SHALL HAVE A LIEN FOR THE
PRINCIPAL AND INTEREST, OF THE VALUE, OR THE AGREED PRICE, OF SUCH LABOR
OR SURVEY, REPORT, PLAT OR PLAN OF REAL PROPERTY, INCLUDING BENEFITS AND
WAGE SUPPLEMENTS DUE OR PAYABLE FOR THE BENEFIT OF ANY LABORER, OR MATE-
RIALS UPON THE REAL PROPERTY SURVEYED, FROM THE TIME OF FILING A NOTICE
OF SUCH LIEN AS PRESCRIBED IN THIS CHAPTER. WHERE THE CONTRACT FOR A
SURVEY, REPORT, PLAT OR PLAN IS MADE WITH A HUSBAND OR WIFE AND THE
PROPERTY BELONGS TO THE OTHER OR BOTH, THE HUSBAND OR WIFE CONTRACTING
SHALL ALSO BE PRESUMED TO BE THE AGENT OF THE OTHER, UNLESS SUCH OTHER
HAVING KNOWLEDGE OF THE CONTRACT SHALL, WITHIN TEN DAYS AFTER LEARNING
OF THE CONTRACT GIVE THE CONTRACTOR WRITTEN NOTICE OF HIS OR HER REFUSAL
TO CONSENT TO THE SURVEY, REPORT, PLAT OR PLAN. WITHIN THE MEANING OF
THE PROVISIONS OF THIS CHAPTER, MATERIALS ACTUALLY MANUFACTURED FOR BUT
NOT DELIVERED TO THE REAL PROPERTY, SHALL ALSO BE DEEMED TO BE MATERIALS
FURNISHED.
S 2. This act shall take effect immediately.