I would like to file a lien
I have AIA contract
Don’t know how to prove last day at jobsite
Oct 2, 2018
Proving the last day at a job site, in a practical sense, is like proving any other material fact. Evidence that supports the last day a party was there is evaluated, if and when that issue is raised. Such evidence could be pay-apps, contract, invoices, payroll records, communications, etc.
For the purposes of filing a mechanics lien, the last date of furnishing labor or materials comes into play to determine the lien deadline. In New Jersey, a mechanics lien on non-residential projects must be filed within 90 days from the date the claimant last furnished labor or materials to the project. It is always best practice to not bump up too closely to that deadline, however. To the extent the lien is filed with plenty of time before the deadline elapses, the specific last furnishing date becomes less important.
The requirements for liens on residential projects in New Jersey are different, and more complex. The claimant is given more time to file the lien, but must first file an arbitration demand with the AAA and get authority to file the lien. This is a time-consuming process, and should be initiated well before the applicable deadline. New Jersey Mechanics Lien and Notice FAQs