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Can my contractor file a mechanical lien against my residential property ?

New JerseyMechanics Lien
Anonymous Contractor

Found some one on facebook and he claimed he is a licensed and insured contractor who agreed to do some flooring work. the work wasnt done right and made significant damages to my property. done a very sloppy job and threatening me they will put a lien against my property which i am going to list for sale soon. i do not have any written contract and he hasnt provided me his business name or insurance info. Is he has any legal stand in filing a mechanics lien in NJ ?

1 reply

Matt Viator
Construction Lawyer
Levelset Admin at Levelset
| 1,005 reviews
May 5, 2020
New Jersey contractors must have a written contract in order to file a mechanics lien. So, if there was no written contract, then mechanics lien rights generally won't be available. As for licensing - New Jersey's mechanics lien statute isn't exactly explicit about licensing and lien rights, so there's a chance an unlicensed contractor could file a mechanics lien. But, claimants whose work requires a license should have that license - and their failure to have it could be a valid objection to a lien filing. With that being said, that doesn't mean the claimant won't be able to actually have their lien filed. It's pretty common for claimants to file invalid and unenforceable mechanics liens. But, an owner will certainly be able to challenge an improper lien claim. And, where a claimant files an invalid lien and causes damage to an owner (such as, potentially, a lost sale) - the claimant could be on the hook for serious damages. So, threatening to legally challenge the lien claim and laying out reasons the lien claim would be invalid might be a good way to stop a claimant before their lien is actually filed. And, having a New Jersey construction attorney assist could help force a claimant to stand down. Finally, I think these resources should be helpful to you: - I Just Received a Notice of Intent to Lien – What Should I Do Now? - A Mechanics Lien Was Filed on My Property – What Do I Do Now? - Frivolous Mechanics Liens: Intentionally Fraudulent vs. Honest Mistakes
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