S T A T E O F N E W Y O R K
________________________________________________________________________
8346
2025-2026 Regular Sessions
I N A S S E M B L Y
May 13, 2025
___________
Introduced by M. of A. K. BROWN -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the lien law, in relation to expanding mechanic's liens
on real property to include attorneys, engineers and architects
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:
§ 3. Mechanic's lien on real property. A contractor, subcontractor,
laborer, [materialman] MATERIAL SUPPLIER, landscape gardener, [nursery-
man] OWNER OR OPERATOR OF A NURSERY or person or corporation selling
fruit or ornamental trees, roses, shrubbery, vines and small fruits, who
performs labor or furnishes materials for the improvement of real prop-
erty, ATTORNEY WHO IMPROVES REAL PROPERTY BY OBTAINING PERMITS AND/OR
ZONING APPROVALS, OR AN ENGINEER OR ARCHITECT WHO PERFORMS DESIGN WORK
RELATING TO SECURING PERMITS OR ZONING APPROVALS ON REAL PROPERTY, with
the consent or at the request of the owner thereof, or of [his] SUCH
OWNER'S agent, contractor or subcontractor, and any trust fund to which
benefits and wage supplements are due or payable for the benefit of such
[laborers] PERSONS, shall have a lien for the principal and interest, of
the value, or the agreed price, of such labor, LEGAL WORK, OR DESIGN
WORK, 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, OR RELATED TO LEGAL OR DESIGN WORK and upon such
improvement OR LEGAL OR DESIGN WORK, 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] PERSON and the property
belongs to [the other or both] SUCH PERSON'S SPOUSE OR BOTH SUCH PERSON
AND THEIR SPOUSE, [the husband or wife] SUCH PERSON contracting shall
also be presumed to be the agent of the other, unless such other having
knowledge of the improvement shall, within ten days after learning of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11589-05-5
A. 8346 2
the contract give the contractor written notice of [his or her] THEIR
refusal to consent to the improvement. 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.
§ 2. This act shall take effect immediately.