38 – Itemized Statement May Be Required of Lienor.
§ 38. Itemized statement may be required of lienor. A lienor who has filed a notice of lien shall, on demand in writing, deliver to the owner or contractor making such demand a statement in writing which shall set forth the items of labor and/or material and the value thereof which make up the amount […]
39 – Lien Wilfully Exaggerated Is Void.
§ 39. Lien wilfully exaggerated is void. In any action or proceeding to enforce a mechanic’s lien upon a private or public improvement or in which the validity of the lien is an issue, if the court shall find that a lienor has wilfully exaggerated the amount for which he claims a lien as stated […]
39-A – Liability of Lienor Where Lien Has Been Declared Void on Account of Wilful Exaggeration.
§ 39-a. Liability of lienor where lien has been declared void on account of wilful exaggeration. Where in any action or proceeding to enforce a mechanic’s lien upon a private or public improvement the court shall have declared said lien to be void on account of wilful exaggeration the person filing such notice of lien […]
39-C – Repossession of Materials Not Used.
§ 39-c. Repossession of materials not used. If for any reason after the work of a private or a public improvement of real property is abandoned by an owner, a contractor or a subcontractor before the completion thereof by such owner, contractor or subcontractor, or if, after the same is completed, materials delivered are not […]
34 – Waiver of Lien.
§ 34. Waiver of lien. Notwithstanding the provisions of any other law, any contract, agreement or understanding whereby the right to file or enforce any lien created under article two is waived, shall be void as against public policy and wholly unenforceable. This section shall not preclude a requirement for a written waiver of the […]
35 – Waiver of Arbitration; Arbitrators’ Award Conclusive.
§ 35. Waiver of arbitration; arbitrators’ award conclusive. The filing of a notice of lien shall not be a waiver of any right of arbitration of a contractor, subcontractor, material man or laborer secured to him by his contract to furnish labor or materials. In case the arbitrators, in any arbitration proceeding had pursuant to […]
37 – Bond to Discharge All Liens.
§ 37. Bond to discharge all liens. (1) The owner or contractor between whom a contract exists for the improvement of real property may, either before or after the commencement of the improvement, execute as a principal, a bond to the county clerk of the county where the premises are situated in such amount as […]
26 – Subordination of Liens After Agreement With Owner.
§ 26. Subordination of liens after agreement with owner. In case an owner of real property shall execute to one or more persons, or a corporation, as trustee or trustees, a bond and mortgage or a note and mortgage affecting such property in whole or in part, or an assignment of the moneys due or […]
28 – Lien of Certain Judgments Postponed.
§ 28. Lien of certain judgments postponed. Upon the filing of the written instrument or instruments of approval under section twenty-six of this article, the lien of all money judgments and attachments affecting such real property, or the moneys due under a contract, and all claims and liens acquired in any proceedings upon any money […]
29 – Subordination of Liens to Subsequent Mortgage.
§ 29. Subordination of liens to subsequent mortgage. In case an owner of real property upon which an improvement is being or has been made, desires to obtain a loan by executing and delivering a bond or bonds or note or notes secured by a mortgage upon such real property, or any part thereof, and […]