|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Aug 03, 2011||signed chap.367|
|Jul 22, 2011||delivered to governor|
|Jun 13, 2011||returned to assembly|
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|
senate Bill S3179Signed By Governor
Archive: Last Bill Status Via A5022 - Signed by Governor
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
S3179 - Details
S3179 - 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.
S3179 - Sponsor Memo
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.
S3179 - Bill Text download pdf
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
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