Pursuant to New York Lien Law Article 3-A, all funds received by a contractor for a construction project, or by an owner under a construction loan, constitute assets of a statutory trust. The recipient, as trustee must apply the funds to the costs of improvement before diverting them to any other purpose.
The filing of a mechanic’s lien can help contractors secure their right to payment. However, it can also cause hardship for owners and higher tiered contractors if the lien claim is unjustified.
Mechanic's liens are a statutory device designed to protect the interests of persons who furnish labor and materials for a construction project.