Section 12. Notice of lien on account of public improvements  


Latest version.
  • At any time
      before the  construction  or  demolition  of  a  public  improvement  is
      completed  and  accepted  by the state or by the public corporation, and
      within thirty days  after  such  completion  and  acceptance,  a  person
      performing  work  for  or  furnishing  materials  to  a  contractor, his
      subcontractor, assignee or legal representative, may file  a  notice  of
      lien  with  the  head  of the department or bureau having charge of such
      construction or demolition and with the comptroller of the state or with
      the financial officer of the public corporation,  or  other  officer  or
      person  charged  with  the  custody  and  disbursements  of the state or
      corporate funds applicable to the contract  under  which  the  claim  is
      made.  The  notice shall state the name and residence of the lienor, the
      name of the contractor or subcontractor for whom the labor was performed
      or materials furnished, the amount claimed to be due or to  become  due,
      the  date  when  due, a description of the public improvement upon which
      the labor was performed  and  materials  expended,  the  kind  of  labor
      performed  and  materials furnished, and materials actually manufactured
      for but not delivered to such public improvement,  and  give  a  general
      description  of  the  contract pursuant to which such public improvement
      was constructed or demolished. If the  lienor  is  a  partnership  or  a
      corporation,  the  notice  shall  state  the  business  address  of such
      partnership or corporation, the names of the partners, and if a  foreign
      corporation,  its  principal  place of business within the state. If the
      name of the contractor or subcontractor is not known to the  lienor,  it
      may  be  so  stated  in the notice, and a failure to state correctly the
      name of the contractor or subcontractor shall not affect the validity of
      the lien. The notice must be verified by the lienor or his agent, to the
      effect that the  statements  therein  contained  are  true  to  his  own
      knowledge,  except  as  to  the  matters therein stated to be alleged on
      information and belief, and that as to those matters he believes  it  to
      be  true.  The  comptroller of the state or the financial officer of the
      public corporation or other officer or person charged with  the  custody
      and  disbursements  of  the  state  or corporate funds applicable to the
      contract under which the claim is made shall enter the same  in  a  book
      provided  for  that  purpose,  to  be called the "lien book". Such entry
      shall include the name and residence of the  lienor,  the  name  of  the
      contractor  or subcontractor, the amount of the lien and date of filing,
      and a brief designation of the contract under which the lien arose.