Home>Levelset Community>Legal Help>Do you have to bond out a mechanics lien on a commercial property before you can challenge it in court.

Do you have to bond out a mechanics lien on a commercial property before you can challenge it in court.

New JerseyBonding Off Lien Mechanics Lien

Anonymous Contractor

My friend had a commercial property in NJ. The HVAC people did not complete the job and placed a lien on the property claiming that they did. They also claim that there were change orders but can provide no proof that they were done or even agreed to. Someone told me that before we can go to court and ask that they court remove the lien we have to bond it out. Is this true?

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,013 reviews

Oct 17, 2019

Generally, no - a property owner may challenge a lien that's been filed on their property without having to first bond off the mechanics lien. Of course, note that challenging the lien won't result in the discharge of that lien claim unless the challenge is successful. So, if there is a rush to get a lien off of the project property, bonding off the lien before challenging the claim may be an option. For more information on bonding off a lien: Primer on Mechanics Lien Bonds and Bonding a Mechanics Lien. Additionally, I think this resource might be valuable A Mechanics Lien Was Filed on My Property – What Do I Do Now?

The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not
act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...

0 people found this helpful

Helpful