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Can I file a lien?

New JerseyLien WaiversMechanics Lien
Kenneth Hammond

Im a fencing subtractor and finished a project back in September of 2021 and the company has not paid me as of yet. I already did the Notice of Intent with you all and Nothing. Also hired a lawyer who sent a letter and Nothing. Thousands of dollars paid to lawyer for nothing to happen. What can I do next that wont cost more $$$ and get paid from this company. Frustrated!!!!

2 replies

Principal at Schmitt Law LLC
| 40 reviews
Aug 28, 2022

If you completed the work in September of 2021, you no longer have the ability to lien the New Jersey property. If you have a valid enforcable agreement with the owner of the improved property or the general contractor, you could sue the other party for breach of contract, unjust enrichment, etc. 

Colin Schmitt
Schmitt Law LLC See More...
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Partner at Sapiro Gottlieb & Kroll
| 1 reviews
Sep 16, 2022

I agree. At this point, your only option would appear to be fiilng a lawsuit to collect damages for breach of contract, as my colleague pointed out. You should confer with an attorney beforehand, because it might make a difference whether the property is commercial or residential, and to identify all the parties that you would be obligated to name in any claim. 

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