The time to file a Mechanic’s Lien in New York State varies depending on the type of construction project. For a home improvement the time to file is 4 months from the last day that you performed work. On a commercial project you have 8 months from the last day that you worked and on a public construction project such as a school or roadway is 30 days after the project is “accepted” by the Owner.
Many lawyers are unaware of the fact that New York State requires that all general contractors working on public works projects must post a “labor and materials payment bond”. This bond is a guarantee by an insurance company that it will pay anyone that supplies labor and/or materials to the project. In order to collect from the insurance carrier it is very important that you send them notice of non-payment as quickly as possible.
No. In New York State any contract clause that says you will only get paid when the general contractor gets paid (known as a “pay when paid” clause) is illegal and unenforceable.
Your employees are entitled to bring an action under the Fair Labor Standards Act (“FLSA”) and may be entitled to collect penalties and interest in addition to the unpaid wages. A construction worker that worked on a public works project can bring a suit for the underpayment of prevailing wages. Even a subcontractor’s employees may sue a general contractor for unpaid prevailing wages if the subcontractor underpays its employees.
CBA’s and related Project Labor Agreement (“PLA”) are high complex agreements with organized labor unions and commit an employer to follow numerous conditions and obligations. You must carefully consider the pros and cons of this relationship with a union before signing such an agreement.
