New York Lien Waiver Guide
New York accepts custom lien waiver forms. No statutory forms are mandated.
Key Information
Waiver Type
Non-Statutory
Filing Deadline
8 months from last work performed for most projects; 4 months for single-family residential
Notice Requirements
No preliminary notice required.
Key Statutes
N.Y. Lien Law §1 et seq.
Waiver Types in New York
Conditional Waiver on Progress Payment
Waives lien rights for a specific progress payment, but only upon actual receipt of payment. Protects the claimant if the check bounces or payment fails.
Unconditional Waiver on Progress Payment
Immediately and unconditionally waives lien rights for a specific progress payment amount, regardless of whether payment has actually been received.
Conditional Waiver on Final Payment
Waives all lien rights upon receipt of the final payment. The waiver is conditioned on actual receipt of the specified final payment amount.
Unconditional Waiver on Final Payment
Immediately and unconditionally waives all lien rights. This is the most comprehensive waiver and should only be signed after final payment is confirmed in your account.
New York Lien Waiver Rules
New York does not mandate statutory lien waiver forms. Custom waivers and partial releases are commonly used. New York's lien law has separate provisions for public and private projects. Partial lien waivers for progress payments should clearly state the amount and period covered. New York also provides for discharge of lien by bonding.
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