A 8346: 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.

  
  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.