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This program was recorded on March 18, 2019
Mechanic’s liens are a powerful tool to secure monies due contractors and subcontractors who provide labor and materials to improve real property. This seminar will provide a discussion on the use of mechanic’s liens on both public and private improvements, as well as the steps that owners may take to respond to the liens. The seminar will cover, what items are lienable, what property interests may be liened, enforcement of mechanic’s liens and defenses to lien foreclosure proceedings, amongst other topics.
Brian J. Markowitz
Brian J Markowitz’s practice areas include Construction disputes, construction contract drafting and negotiation, and real estate and commercial litigation. Brian has comprehensively represented a wide variety of clients including property owners, developers, construction managers, general contractor and design professionals from case inception through trial, including alternative dispute resolution and appeals. Brian brings vast experience in resolving legal issues ranging from lien law trust fund claims, adjacent landlord issues and coop/condo disputes to mechanic’s lien foreclosures, general contractor agreements, license agreement, delay claims, extra work disputes, construction defect claims, defaults and more to Goldstein Hall’s clients. Brian graduated with a law degree from Brooklyn Law School, where he was also the President of Phi Delta Phi. Additionally, he received a Certificate of Environmental Studies at Nottingham Trent University, and a Bachelor of Arts in Political Science from the State University of New York College at Oneonta. Brian is a member of the American Bar Association and Phi Delta Phi the International Legal Honor Society. He was selected as a “Rising Star” in the area of Construction Law from 2011-2013 by Super Lawyers Magazine.
1.5 General Credit
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- What is a Mechanic’s Lien
- Types of Mechanic’s Lien – NY Lien Law §2(8)
- What interest may be liened?
- Time Frame for filing a Private Improvement Lien v. Public Improvement lien
- Where to File a Mechanic’s Lien
- Contents of Notice of Lien – NY Lien Law § 9 – Lien must substantially comply with these requirements.
- Perfecting the Lien
- Duration of Lien
- Necessary parties to a Lien foreclosure proceeding. Lien Law §§ 44-44-b
- Discharge of Lien
- Transfer of the property – Lien Law § 13
- Article 3A — Trust funds, Lien Law § 70 et seq
- Defenses to lien Foreclosure actions
- Pay when Paid Clauses