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Home>Levelset Community>Legal Help>Due to Homeowner postponing payment I'm short on time allowed to file a lien process, should I still continue ?

Due to Homeowner postponing payment I'm short on time allowed to file a lien process, should I still continue ?

New Jersey

Im A contractor who performed work on a water damage property, homeowner had issues seeking payment from insurance and postponed paying us due to seeking alternative method of help. we since have lost communication and they refuse to answer our notices.

1 reply

Jan 31, 2022

The residential lien law in New Jersey is strictly enforced. Lien claimants must file a Notice of Unpaid Balance against the improved property within 60 days of the last day that contract work was performed on the property:

https://www.levelset.com/mechanics-lien/new-jersey-lien-law-faqs/

Regardless of the reason that you may have missed that filing deadline, any lien claim which is asserted in variance with the statutory requirements would not be enforced if challenged by the owner. You could always sue the homeowners, but NJ home improvement contractors need to understand the risks of the NJ Consumer Fraud Act (the "CFA") and ensure that they are using a contractual form which can be enforced. The only thing worse than having to sue a homeowner, is suing a homeowner and getting hit with a counterclaim for an alleged violation of the NJ CFA.

Please reach out if you would like to discuss this matter in greater detail.  

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