The amount claimed in plaintiff's lien was obviously excessive since the contract admittedly was only 35% performed (Lien Law § 9 [4]). The revised amount that plaintiff then claimed, in response to the court's order to submit a statement of "actual labor performed and materials delivered," improperly included retainage, which under the parties' contract was not due until the project was substantially completed, site supervision, which was covered under the General Conditions...
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