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How can I file a mechanics lien without contract

New JerseyConstruction ContractRecovery OptionsRight to Lien

Can I file a lien on a nursing home Without contract in west orange nj ? I have pictures of job showing structural steel alteration there is 2900 $ owed

1 reply

Oct 9, 2019
New Jersey appears to be one of the relatively few states which requires a written contract in order to file a valid and enforceable mechanics lien claim. So, if there's no written contract in place for the work they've performed, a New Jersey construction business will generally be unable to file a mechanics lien for that work. Note, of course, that what most consider a formal, traditional contract may not be necessary. Any written document (including, usually, electronic documents) might suffice to serve as a written contract as long as the document shows there was an offer, an acceptance of an offer, and consideration (i.e. goods and services) being exchanged. Further, keep in mind that there are always recovery options outside of the mechanics lien process that can help to recover payment, too. Levelset discusses some of those options here: Can’t File a Lien? Here Are Some Other Options For Recovery. Further, for debts that don't exceed $3,000, New Jersey Small Claims Court may be a viable option to force payment, too.
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