Construction Litigation & Mechanics Lien Attorney in Buffalo, NY

Construction disputes move fast, and the deadlines that protect a contractor’s right to get paid move faster. Roach, Lennon & Brown represents owners, general contractors, subcontractors, and suppliers across Western New York in construction litigation, from contract disputes and defect claims to filing and defending mechanics liens.

When Construction Disputes Turn Into Litigation

Most construction disputes start as a payment problem before they ever become a lawsuit. An owner disputes an invoice, a general contractor withholds retainage, or a subcontractor claims the work does not match the contract. Under New York’s Prompt Payment Act, General Business Law Article 35-E, most private commercial construction contracts of $150,000 or more come with real deadlines attached. An owner must pay a contractor within 30 days after approving an invoice, and since a 2023 amendment, retainage on covered private contracts is capped at 5 percent and must be released within 30 days of final completion. Contracts that ignore these rules do not get a pass just because the parties signed something different.

Filing a Mechanics Lien in New York

A mechanics lien gives a contractor, subcontractor, laborer, or material supplier a claim against the real property itself when they are not paid for work or materials on an improvement. In New York, the notice of lien has to be filed within 8 months after completion of the contract or the last work performed, or within 4 months if the improvement involves a single family dwelling. Miss that window, and the lien right is gone, no matter how clearly you were shorted.

How Long a Lien Lasts

Filing the lien is only step one. Under New York’s Lien Law, a mechanics lien is only good for one year after it is filed. To keep it alive past that point, the lienor has to either start a foreclosure action and file a notice of pendency, or file an extension with the county clerk before the year runs out. Miss both, and the lien expires as if it were never filed, even if the underlying debt is still owed.

Public Projects, Private Projects, and Payment Bonds

Buffalo’s construction market runs on a mix of large public projects, private commercial development, and residential work, and the rules genuinely differ depending on which one you are in. Public improvement liens follow a separate section of the Lien Law with their own filing and duration rules, and payment bond claims on public jobs run on their own timeline entirely, often tighter than a private lien. Getting the category wrong at the start of a dispute can cost a contractor a right they never even knew was on the clock.

Why Work With a Buffalo Construction Litigation Attorney

Whether you are the one owed money or the one facing a lien you believe is invalid, timing decides most of these cases well before anyone sees a courtroom. J. Michael Lennon, founding partner at Roach, Lennon & Brown, focuses a substantial part of his litigation practice on construction law, alongside commercial litigation and employment matters, and has represented both sides of Western New York construction disputes for two decades. He works alongside Christopher H. Brown, Jr. on the firm’s Litigation & Dispute Resolution team, and the firm’s broader Construction Services work covers the contracts and compliance side of the same projects.