Imperial Cleaning is a contractor for monthly Janitorial (cleaning services) to a Client in NJ. Our client has not paid for services on the monthly cleaning job and supplies. We have invoices from January- June unpaid. We submitted a notice of intent to lien, however we have not heard back from the client. I was wondering If we could send a Mechanics Lien. The options only state Construction lien. We have provided supplies and upkeeping for the improvement of the real estate property.
NJ mechanics' liens are generally reserved for agents who improve a real property but who are not compensated for that improvement per the terms of the written agreement with the owner or authiruzed user (tenant) of that property. Based on the information you provided, I'm afraid that janitorial services are more likely to fall under maintenance of a real property, rather than an actual improvement to the property itself, which is required to file a viable lien claim. Any mechanics' lien for janitorial services would most likely fail when challenged.
You may have other options. If the total amount owed is less than $15,000, you could initiate a lawsuit against the owner in NJ's Special Civil Part where it costs less to file the complaint and discovery is more streamined compared to cases in the regular Civil Division. Please reach out if you would like me to provide you with a complimentary assessment of your best options for collection. I'd be glad to share what I know to help you collect this debt.
Thanks, Colin