A payment dispute on a construction project can stall work, freeze cash flow, and put a contractor’s ability to pay their own subcontractors at risk within weeks. Diskin Litigation PLLC represents contractors, subcontractors, developers, and property owners in construction litigation matters throughout Nassau County and New York State, including payment disputes, defect claims, mechanic’s liens, and disputes between owners and contractors on projects of every size.
Neil Diskin works directly with clients rather than handing construction matters off to junior staff, which matters on projects where deadlines, lien filing periods, and payment terms are governed by strict statutory timelines. A missed filing deadline on a mechanic’s lien or a delayed response to a defect claim can eliminate leverage that would otherwise exist, which is why early and direct attorney involvement often determines how much of a disputed payment is ultimately recovered.
Contractors and property owners searching for a construction litigation attorney in Nassau County are frequently dealing with a project that has already stalled, whether that means an invoice has gone unpaid for months or a defect claim has surfaced after work was substantially complete. Diskin Litigation reviews the contract and the facts quickly and gives an honest assessment of the strongest available remedy before deadlines pass.
How Do Mechanic’s Liens Work in New York?
A mechanic’s lien gives a contractor, subcontractor, or supplier who has not been paid for labor or materials a legal claim against the property where the work was performed, which can prevent the owner from selling or refinancing the property until the dispute is resolved. In New York, a lien must generally be filed within eight months of the last date labor or materials were provided for a private project, or within thirty days for a public improvement project, and missing that window can eliminate the right to file entirely regardless of how much money is owed.
Filing a valid lien requires more than simply recording an amount owed. The lien must accurately describe the property, the amount claimed, and the nature of the work performed, and errors in these details can give a property owner grounds to challenge the lien’s validity in court. Once filed, a lien does not collect payment on its own; it typically needs to be enforced through a foreclosure action within one year of filing, or extended, or it expires and the leverage it created disappears, which surprises many contractors who assume the lien itself guarantees payment.
Payment Disputes and Prompt Payment Claims
Construction payment disputes often involve disagreements over whether work was completed to specification, whether change orders were properly authorized and documented, and whether retainage, the percentage withheld until project completion, is being released on schedule. New York’s Prompt Payment Act imposes specific deadlines on when owners and general contractors must approve and pay invoices, and failure to meet those deadlines can entitle a contractor to interest on the unpaid amount in addition to the underlying payment owed.
Disputes also arise from termination for convenience or termination for cause provisions in a construction contract, where an owner attempts to end a contractor’s involvement on a project without paying for work already performed, or claims the termination was justified by poor performance. Whether a termination was proper often depends on documentation, including inspection reports, correspondence about performance concerns, and whether the contract’s own notice and cure provisions were followed before termination occurred.
Construction Defect and Delay Claims
Defect claims typically allege that work was performed in a manner that does not meet the applicable building code, industry standard, or the specifications in the contract, and these claims frequently involve expert testimony to establish what standard applied and whether the work met it. Delay claims, by contrast, focus on which party caused a project to fall behind schedule and what damages resulted, which can include extended overhead costs, liquidated damages under the contract, or lost profits on other projects a contractor could not take on.
Both types of claims often turn on the project’s daily logs, inspection records, and correspondence between the parties throughout construction, which is why preserving these records early, before a dispute escalates, makes a significant difference in how a claim is ultimately resolved. Contractors and owners alike sometimes assume a dispute will be decided by who is more credible in court, but in practice it is usually decided by whichever side kept better documentation while the work was happening.
Construction Disputes We Handle
Diskin Litigation represents clients in mechanic’s lien filing and foreclosure actions, payment and prompt payment disputes, and defect and delay claims involving residential and commercial projects. The firm also handles disputes over change order authorization, retainage release, and contract termination, along with disputes between general contractors and subcontractors over scope of work and back charges.
On the ownership and development side, the firm represents property owners defending against liens they believe are invalid or inflated, developers navigating disputes with multiple contractors on a single project, and parties to construction loan agreements where a dispute affects financing. Each matter is evaluated based on the underlying contract, the applicable filing deadlines, and the practical goal, whether that is securing payment quickly or defending a project’s timeline and budget.
How Diskin Litigation Approaches Construction Cases
Construction disputes are governed by tight statutory deadlines, particularly around lien filing and enforcement, so the firm’s first step in any new matter is confirming what deadlines apply and whether any are close to expiring. From there, every case is prepared with litigation in mind, including gathering project records, correspondence, and any expert input needed to support a defect or delay claim, even when the immediate goal is a negotiated resolution rather than a trial.
Neil Diskin also weighs the business reality of ongoing construction relationships, since a subcontractor pursuing payment from a general contractor may need to continue working with that contractor on future projects, which changes how aggressively a claim should be pursued. These conversations happen early, so clients understand both their legal options and the practical consequences of each approach before deciding how to proceed.
What to Expect When You Work With Us
An initial consultation focuses on the project, the contract governing it, and any deadlines already in motion, since a mechanic’s lien filing window or a contractual notice period can close quickly if a matter is not addressed promptly. From there, the firm reviews the contract, payment records, and any correspondence about the dispute, and outlines the realistic options and timeline before any lien is filed or lawsuit is brought.
As the matter progresses, clients hear directly from Neil Diskin about developments, whether that involves a lien foreclosure action, a payment demand, or ongoing settlement discussions. If the dispute proceeds to trial, the same attorney who reviewed the project from the outset argues the case, which keeps the strategy consistent from the first phone call through a final judgment.
Frequently Asked Questions
Schedule a Consultation
Whether you are a contractor pursuing unpaid work, a property owner facing a lien, or a party to a construction dispute of any kind, Neil Diskin can review the project details and discuss how the matter can be handled. Call 516-652-3118 or send a message through the firm’s contact form to schedule a consultation.