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How do I file a Lien on a property

New Jersey

A company asked me to perform work on their property, It is a corporation. The building is located in Rahway, NJ. When work was complete, the bills/invoices were submitted to the GC for the property. They are refusing payment. I think the corporation is a CT corporation though. How do I proceed to sue or file a construction lien.

2 replies

Aug 3, 2020

If this is a commercial project (i.e. the work was not done to a home/condo), then you have 90 days from the last date of work to file a lien against the property. That the owner is not located in NJ should not be an issue. In NJ, the lien can only be for the value of work performed based on your invoices (or payment applications/schedule of values), and any signed change orders. Feel free to contact my office to discuss further if you would like to move forward with the filing of a lien.

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Aug 10, 2020

Did you have a written contract with the GC? Did you issue a written proposal to do the work?

Under the Prompt Payment Act, NJ GC's are legally obligated to make timely payments on invoices from subconatractors for work performed in accordance with the contract. The law is a very important one for subcontractors because it provides them with interest on improperly withheld sums plus attorney's fees.

I would recommend that you take your contract (if it exists) and your invoices to a NJ construction attorney who could help you determine if your claims are viable.

Filing a lien may be an option, but that secures the debt against the owner of the property. I cannot tell from your question who owns the property or whether your work was for the benefit of a tenant who was leasing the space from the property owner.  

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