N.Y. Laws » CHAPTER Lien / ARTICLE Mechanics' Liens
New York Consolidated Laws

N.Y. Lien Law § 34 (2026)

Waiver of lien

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 34. Waiver of lien. Notwithstanding the provisions of any other law,
any contract, agreement or understanding whereby the right to file or
enforce any lien created under article two is waived, shall be void as
against public policy and wholly unenforceable. This section shall not
preclude a requirement for a written waiver of the right to file a
mechanic's lien executed and delivered by a contractor, subcontractor,
material supplier or laborer simultaneously with or after payment for
the labor performed or the materials furnished has been made to such
contractor, subcontractor, material man or laborer nor shall this
section be applicable to a written agreement to subordinate, release or
satisfy all or part of such a lien made after a notice of lien has been
filed.
Notes of Decisions
Cited in 29 cases (4 in the last 5 years), 1990–2024 · leading case: Welsbach Elec v. Mastec N. Am, 859 N.E.2d 498 (N.Y. 2006).
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Welsbach Elec v. Mastec N. Am, 859 N.E.2d 498 (N.Y. 2006). · cites it 9× “Welsbach moved for partial summary judgment and dismissal of those affirmative defenses, arguing that the subcontract's pay-if-paid provision violates Lien Law § 34. MasTec cross-moved for leave to serve an amended answer with two counterclaims.”
Welsbach Elec. Corp. v. MasTec North Am., Inc., 859 N.E.2d 498 (N.Y. 2006). · cites it 10× “( 87 NY2d 148 [1995]) that such contracts violate New York’s public policy as expressed in Lien Law § 34. That section provides in pertinent part: “Notwithstanding the provisions of any other law, any contract, agreement or understanding whereby the right to file or enforce any…”
Hugh O'Kane Elec. Co. v. MasTec North Am., Inc., 19 A.D.3d 126 (N.Y. App. Div. 1st Dep't 2005). · cites it 4× “, 87 NY2d 148 , 158 [1995] [construing Lien Law § 34, and distinguishing time-for-payment provisions]).”
West-Fair Elec. Contractors v. Aetna Cas. & Sur. Co., 661 N.E.2d 967 (N.Y. 1995). · cites it 3× “The Lien Law also provides, "Notwithstanding the provisions of any other law, any contract, agreement or understanding whereby the right to file or enforce any lien created under article two is waived, shall be void as against public policy and wholly unenforceable” 2 (Lien Law…”
Am. Architectural, Inc. v. Marino, 34 Misc. 3d 194 (N.Y. Sup. Ct. 2011). · cites it 5× “s lien by indefinitely deferring the right to be compensated for work done to an uncertain future event, thereby preventing the subcontractor from establishing entitlement to recover a present amount due from the general contractor, “a necessary element of the subcontractor’s…”
J&M Indus., Inc. v. Red Apple 180 Myrtle Ave. Dev., LLC, 197 A.D.3d 1154 (N.Y. App. Div. 2d Dep't 2021). · cites it 2× “"Notwithstanding the provisions of any other law, any contract, agreement or understanding whereby the right to file or enforce any lien created under article two [of the Lien Law] is waived, shall be void as against public policy and wholly unenforceable" (Lien Law § 34).”
Navillus Tile, Inc. v. Bovis Lend Lease LMB, Inc., 74 A.D.3d 1299 (N.Y. App. Div. 2d Dep't 2010). “Since that provision does not effect a waiver of Navillus’s lien rights, it does not contravene the public policy expressed in Lien Law §34. The Supreme Court did not reach the issue of whether Navillus’s third cause of action against the City for recovery under the City’s…”
Schlessinger v. Valspar Corp., 817 F. Supp. 2d 100 (E.D.N.Y. 2011). “) Among the contractual clauses that these statutes purport to make unenforceable include: waiving the right to file liens ( N.Y. Lien Law § 34 ), certain disclaimers of liability for negligence ( N.”
Bank of Am., N.A. v. ASD Gem Realty LLC, 205 A.D.3d 1 (N.Y. App. Div. 1st Dep't 2022). “The fact that West-Fair did not involve the issue of agency does not obviate that the Court of Appeals was concerned that a pay-when-paid provision "forces the subcontractor to assume the risk that the owner will fail to pay the general contractor" and therefore is "void and…”
Blandford Land Clearing Corp. v. Nat'l Union Fire Ins., 260 A.D.2d 86 (N.Y. App. Div. 1st Dep't 1999). “Answering the first question, the Court held that “a pay-when-paid provision which forces the subcontractor to assume the risk that the owner will fail to pay the general contractor is void and unenforceable as contrary to public policy set forth in the Lien Law § 34” (87 NY2d,…”
JC Ryan EBCO/H&G, LLC v. Lipsky Enter., Inc., 78 A.D.3d 788 (N.Y. App. Div. 2d Dep't 2010). “We agree with the conclusion by the Supreme Court that a “pay-when-paid” clause, such as the one herein, “which forces the subcontractor to assume the risk that the owner will fail to pay the general contractor is void and unenforceable as contrary to public policy set forth in…”
Dart Mech. Corp. v. City of New York, 121 A.D.3d 452 (N.Y. App. Div. 1st Dep't 2014). “Accordingly, the limitations period does not violate Lien Law § 34. Concur— Sweeny, J.P., Renwick, Andrias, Moskowitz and ManzanetDaniels, JJ.”
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