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Home>Levelset Community>Legal Help>I was recalled to work site by letter to clean up and remove materials. does this count as time frame to file lean by general contractor in new jersey.

I was recalled to work site by letter to clean up and remove materials. does this count as time frame to file lean by general contractor in new jersey.

New JerseyMechanics LienRecovery Options

I did not file notice of un paid balance with in thirty day of last time we worked there on Januaru 17th 2019, but was recalled by letter from their lawyer less than 30 days ago to remove material ,tools and cleanup. the question would be from that date would the thirty days for notice of un paid balance be trigered.

1 reply

Apr 12, 2019
Great question. Residential projects in New Jersey require that a Notice of Unpaid Balance and Right to Claim Lien is sent and filed within 60 days after the date the claimant last provided service or materials. Failure to timely file and serve these, are fatal to a lien claim. Now, as mentioned, the notice in NJ is tied to the date of last furnishing. So the ultimate question is, does returning to the job site count as the last day of furnishing? We actually wrote a whole article on the topic: I Returned to a Job- Does that Change the Lien Deadlines? But the short answer is, it depends on the extent of the work being performed. The general rule is that labor that is remedial, punch-work, or work that is trivial in the scope of the original contract, will not extend the deadline. For the most part, only substantial "new work" or work pursuant to change orders will extend lien and notice deadlines. However, there are other options available to recover payments. One way is by sending a Notice of Intent to Lien. This can be done, regardless of whether the claimant actually intends to do so. Owners try to avoid liens at all costs, and the mere threat of one may be enough to squeeze out payment. Another option is to send the owner a demand letter threatening a lawsuit for breach of contract or unjust enrichment. And if that doesn't work, there is always the option of filing a lawsuit. As always, before taking any legal action, we recommend speaking with a local attorney to explore these recovery options in detail. For more information on you can visit the New Jersey Lien & Notice Overview page.
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