New York A 8346: Expands mechanic's liens on real property to include attorneys, engineers, and architects

Bill Text

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A08346 Summary:

BILL NOA08346 

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SAME ASNo Same As

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SPONSORBrown K

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COSPNSR

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MLTSPNSR

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Amd §3, Lien L

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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.

Go to top A08346 Actions:

BILL NOA08346 

&nbsp

05/13/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA08346 Committee&nbspVotes:

Go to topA08346 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08346 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8346

 2025-2026 Regular Sessions

 IN ASSEMBLY

 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:

 1 Section 1. Section 3 of the lien law, as amended by chapter 137 of the
 2 laws of 1985, is amended to read as follows:
 3 § 3. Mechanic's lien on real property. A contractor, subcontractor,
 4 laborer, [materialman] material supplier, landscape gardener, [nursery-
 5 man] owner or operator of a nursery or person or corporation selling
 6 fruit or ornamental trees, roses, shrubbery, vines and small fruits, who
 7 performs labor or furnishes materials for the improvement of real prop-
 8 erty, attorney who improves real property by obtaining permits and/or
 9 zoning approvals, or an engineer or architect who performs design work
 10 relating to securing permits or zoning approvals on real property, with
 11 the consent or at the request of the owner thereof, or of [his] such
 12 owner's agent, contractor or subcontractor, and any trust fund to which
 13 benefits and wage supplements are due or payable for the benefit of such
 14 [laborers] persons, shall have a lien for the principal and interest, of
 15 the value, or the agreed price, of such labor, legal work, or design
 16 work, including benefits and wage supplements due or payable for the
 17 benefit of any laborer, [or] materials upon the real property improved
 18 [or], to be improved, or related to legal or design work and upon such
 19 improvement or legal or design work, from the time of filing a notice of
 20 such lien as prescribed in this chapter. Where the contract for an
 21 improvement is made with a [husband or wife] person and the property
 22 belongs to [the other or both] such person's spouse or both such person
 23 and their spouse, [the husband or wife] such person contracting shall
 24 also be presumed to be the agent of the other, unless such other having
 25 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

 1 the contract give the contractor written notice of [his or her] their
 2 refusal to consent to the improvement. Within the meaning of the
 3 provisions of this chapter, materials actually manufactured for but not
 4 delivered to the real property, shall also be deemed to be materials
 5 furnished.
 6 § 2. This act shall take effect immediately.

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