Hi, My company recently did some metal work for a new hotel that was being constructed. I placed a mechanics lien on the hotel back in May/June of this year to ensure that my company would be paid for our work, given that the owners were acting very erratic with the money. I found out today that the hotel recently opened for business last Thursday (9/10). Should my lien have been satisfied first prior to the hotel opening for business? Thank you, Rickin
No, the owner of the property has no need to discharge lien claims prior to occupying and using the improvements. However, it is a bit strange that you never heard back. If the hotel owners own the property outright (that is without a mortgage), then I suppose they could just ignore your lien claim until it naturally expires a year after filing (if you did not file a complaint to "foreclose" on the recorded lien). That seems unlikely. Are you sure that the lien was filed and recorded properly?
If it's an amount of money that you cannot afford to walk away from, you wany want to talk to a knowledgeable NJ construction attorney who could advise you of your potential options to recover.
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