A contractor purchased quartz countertop from me for a new house to be sell. the fabricator completed works, but the contractor refused to pay me the balance. Can I file lien?
Provided that the countertop was delivered to the site within the last 60 days, you should be able to file a lien. In NJ, residential liens are governed by a separate statute than the Construction Lien Law which applies to non-resdiential projects. For residential liens, the claimant must first file a Notice of Unpaid Balance ("NUB") within 60 days of the last day that work was performed at (or that materials were delivered to) the improved property. The property owner must be served with the NUB. Lien claimants for residential projects must also file and serve a demand for arbitration with the American Arbitration Association ("AAA") at the same time that owner is served with the NUB. Pending the outcome of the arbitration with the AAA, the lien claimant must file the actual lien within 120 days of the last day that work was performed at (or that materials were delivered to) the improved property. It's confusing, but liening the property prior to it being flipped is probably the best way for you to get paid.
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