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I was a subcontractor to a firm located in NJ and am wondering if I can file a lien against them for non-payment

New JerseyRight to Lien

Anonymous Contractor

I was providing IT services for one of their clients from 10/22/18 through 5/23/19. My last payment was on 5/17/19 for work through 3/17/19. (It is normal to have a 6-week lag for payment.) They have not responded to emails requesting payment for work done 3/18/19 through 5/23/19. Some of the work was done remotely and some at the client site in NC.

1 reply

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 997 reviews

Aug 5, 2019

That's an interesting question, and I'm sorry to hear you've had trouble getting paid here. If you're interested in the ability to file a mechanics lien for work performed but unpaid, it's worth noting that mechanics liens are generally only available to those who perform construction-related work that permanently improves real property. So, in order for mechanics lien rights to arise, the property must be physically improved. While other valuable services might be provided to a property on-site, that doesn't necessarily mean that mechanics lien rights will arise.

Of course, there are always other options that might be available - like threatening legal claims such as breach of contract, unjust enrichment, or a claim under some other theory. Merely threatening to make a legal claim can be effective, in and of itself. But, if push comes to shove, something like a small claims court action might do the trick too, depending on the amount of the claim.

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