On public projects in New Jersey, there are two potential types of protection: a claim against a contractor’s bond, and a lien claim against the contract funds. As against the contractor’s bond, the parties entitled to make a claim are 1st and 2nd tier subcontractors and material suppliers (suppliers to suppliers are not entitled to protection. As against the contract funds, the parties entitled to file a lien are 1st and 2nd tier subcontractors, or suppliers to the general contractor or 1st or 2nd tier subcontractors. Note, however, that this remedy is not allowed for public projects involving the state or state agencies – it is only allowable when the contracting public agency is “county, city, town, township, public commission, public board or other municipality.” Can you clarify this for me? Also, do you have to hire an attorney to file a lien on the contract or is this something that Level set will be able to do? Thanks.
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