Reviewed September 7, 2026.
The deadline for a construction trust action is not always measured from the claimant’s last day on the job. Lien Law § 77(2) generally uses one year after completion of the improvement. For a subcontractor or material supplier, it also addresses one year after final payment under the claimant’s contract became due, whichever is later. The statute contains an exception concerning a trustee’s final-account settlement action.
What Precast Restoration decided
In Precast Restoration Services v. Global Precast, Inc., 2011 NY Slip Op 32495(U), the moving parties showed that more than a year had passed after payment became due but did not establish when the entire improvement was completed. The court rejected the limitations ground against the corporation.
The individuals did not both remain in the case: the court dismissed the claims against Michael Cannone because the unrebutted record showed he was not an owner or officer during the relevant period, and against Vito Cannone because the allegations did not establish the required basis for personal jurisdiction through his participation in the alleged diversion. The earlier article omitted those separate outcomes.
Identify every relevant date and defendant
Collect the project completion records, contract payment terms, invoices and procedural history. Completion of one subcontract is not necessarily completion of the entire improvement. A corporate title alone does not prove participation or personal jurisdiction.
Do not postpone a claim based on an uncertain later date. Lien deadlines, contract claims and Article 3-A claims have different rules.
Kushnick Pallaci PLLC assists clients throughout New York with Article 3-A trust fund litigation. Contact 631-752-7100 or vtp@kushnicklaw.com.
Attorney Advertising. General information, not legal advice.
No comments:
Post a Comment