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Can I file a lien from the last day I provided labor to pick up stored materials?

Anonymous Contractor

For NJ, it says "Lien must be filed within 90 days of last providing labor or materials". Can I file a lien from the last day I provided labor to pick up stored materials? I worked on a project for a couple of months, my last day working there was 7/12/2019 At this point the project was on hold, then on September 2019 I was told the project was canceled. I picked up stored materials at the jobsite on October 2019 So can I file the lien from the last day I was there, on October?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,003 reviews

Dec 9, 2019

When a deadline is based on last furnishing date, that refers to the last date when labor was done or materials were furnished for the improvement of the project property. And, going to the project for a purpose other than improving the land - like picking up materials - would likely not suffice as a last furnishing date for the purposes of filing a mechanics lien. As Levelset discusses in the following article, attempts to manipulate the last furnishing date based on insignificant work will often result in an invalid and unenforceable mechanics lien: I Returned to a Job – Does that Change the Lien Deadlines? For more information about New Jersey mechanics liens: New Jersey Mechanics Lien Guide and FAQs.

Other recovery tools may work to compel payment

Of course, keep in mind that a mechanics lien isn't the only way to get paid. Sending documents like demand letters and Notices of Intent to Lien can help to get paid. Or, pursuing legal recovery options like breach of contract or claims under New Jersey's prompt payment laws could be effective, too.

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