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Assembly Bill A8346

2025-2026 Legislative Session

Expands mechanic's liens on real property to include attorneys, engineers, and architects

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Current Bill Status - In Assembly Committee

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2025-A8346 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Lien Law
Laws Affected:
Amd §3, Lien L

2025-A8346 (ACTIVE) - Summary

Expands mechanic's liens on real property to include certain legal work for attorneys and design work for engineers and architects which relates to permits and zoning approvals for such real property.

2025-A8346 (ACTIVE) - Bill Text download pdf

                             
                     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
              

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