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Are we able to file a lien in NJ even if a project is not complete?

Contract was initiated in May of 2018 to remediate water and mold. Which involved a large amount of demo (kitchen walls ceiling & bath). To date We have completed roughly 80% of the our contracted work with a 50% deposit. Customer will not pay us additional monies until we satisfactory complete the work, we are less than optimistic that we are going to see any of the balance due.

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May 15, 2019

That's a good question, and I'm sorry to hear there have been some payment problems here. Unfortunately, too many construction businesses find themselves skeptical of an owner holding up their end of the bargain. First, it's worth noting that payments should be made as laid out in the contract. So, if payment isn't required until project completion, filing a mechanics lien before that time might be jumping the gun a bit. But there is no general prohibition against filing a mechanics lien prior to project completion in New Jersey. So, if amounts are owed but unpaid, a mechanics lien may be an option even before work is completed and regardless of whether there's a workmanship dispute. Keep in mind that for residential projects in New Jersey, filing a mechanics lien is a multi-step process with strict deadlines and timeframes. So, for a residential job, it's important to stay on your p's and q's. You can learn more about that here: New Jersey Residential Mechanics Liens - A Convoluted Process. For more information on New Jersey mechanics lien and notice requirements, this resource should be valuable: New Jersey Lien and Notice Overview.

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