senate Bill S3179

Signed By Governor
2011-2012 Legislative Session

Relates to lien filings for retainage

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Archive: Last Bill Status Via A5022 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 03, 2011 signed chap.367
Jul 22, 2011 delivered to governor
Jun 13, 2011 returned to assembly
passed senate
3rd reading cal.356
substituted for s3179
Jun 13, 2011 substituted by a5022
May 02, 2011 advanced to third reading
Apr 13, 2011 2nd report cal.
Apr 12, 2011 1st report cal.356
Feb 10, 2011 referred to judiciary

Votes

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S3179 - Bill Details

See Assembly Version of this Bill:
A5022
Law Section:
Lien Law
Laws Affected:
Amd ยง10, Lien L
Versions Introduced in 2009-2010 Legislative Session:
S6769, A9850

S3179 - Bill Texts

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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.

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BILL NUMBER:S3179

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:
2010: A.9850 died in Judiciary; S.6769 Passed Senate.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 3179                                                  A. 5022

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            February 10, 2011
                               ___________

IN  SENATE  --  Introduced by Sen. DeFRANCISCO -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

IN  ASSEMBLY -- Introduced by M. of A. CUSICK, CASTRO -- Multi-Sponsored
  by -- M. of A. BOYLAND, GUNTHER, MAYERSOHN -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00564-01-1

S. 3179                             2                            A. 5022

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-
pality in which the subdivision is located when at the time the lien  is
filed,  such  property  in the subdivision is owned by the developer for
purposes other  than  his  personal  residence.  For  purposes  of  this
section,  "developer"  shall  mean  and  include any private individual,
partnership, trust or corporation which improves two or more parcels  of
real  property  with single family dwellings pursuant to a common scheme
or plan. The notice of lien must be filed in the clerk's office  of  the
county  where  the property is situated. If such property is situated in
two or more counties, the notice of lien shall be filed in the office of
the clerk of each of such counties. The  county  clerk  of  each  county
shall  provide  and  keep  a  book to be called the "lien docket," which
shall be suitably ruled in columns headed "owners," "lienors," "lienor's
attorney," "property," "amount," "time of filing," "proceedings had," in
each of which he shall enter the particulars  of  the  notice,  properly
belonging  therein.  The  date,  hour  and  minute of the filing of each
notice of lien shall be entered in the proper column.  Except where  the
county  clerk  maintains a block index, the names of the owners shall be
arranged in such book in alphabetical order. The validity  of  the  lien
and  the  right  to  file  a notice thereof shall not be affected by the
death of the owner before notice of the lien is filed.
  S 2. This act shall take effect immediately.

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