Cole Schotz P.C. is a law firm located in HACKENSACK, New Jersey. The firm has been in business for many years. Their practice areas include CONSTRUCTION LAW OVERVIEW, CONSTRUCTION CONTRACTS, CONSTRUCTION DEFECTS ,CONSTRUCTION RELATED DISPUTES, LITIGATION AND ALTERNATIVE DISPUTE RESOLUTION, BUSINESS FORMATIONS, TRANSACTIONS AND LITIGATION, REAL ESTATE LAW. Cole Schotz P.C. also has an office in NEW YORK (New York), WILMINGTON (Delaware).
You wont be able to approach the clerk directly to contest the lien. If you believe the amount is inflated, generally the only avenue is to raise this dispute within the context of a lien foreclosure action initiated by the sub. You can either wait for them to start the case, or serve a "demand to foreclose." You could also try writing a demand letter to the sub demanding that they withdraw the lien; or amend it to reduce the amount. See More...See More...
Agree with the prior commenter. You should try to encourage the subcontractor to sue the GC for breach of contract, among other possible claims including diversion of trust funds under Lien Law 3-A. See More...
Was this as residential or commercial project? If residential, you are probably too late. If commercial, you may still have a couple of weeks. Please contact me if you'd like to discuss your options. See More...
The subcontractor should not be able to lien for work not actually performed. Whether they go ahead and do it is another matter - in which case you'll have to work to get the lien removed. See More...
Assuming your company filed the lien, you'll need an attorney to commence a foreclosure action in court, because corporate entities cannot appear in court without counsel. Also, from a practical perspective, lien foreclosure litigation is very technical, so working with counsel is preferable in any event.See More...