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Is a purchase order considered a contract in New Jersey?

New Jersey

We take purchase orders from a customer in New Jersey doing residential new construction and remodeling jobs in NJ and they provide us with a purchase order. It shows the company name their purchase order # transmitted by their fax machine(date time etc. showing) with the builder listed, model of home, lot# and address along with a material list including pricing for each item, a sub total, taxes and grand total. It also shows who is ordering the material. They are not signed. We deliver to job sites so our delivery tickets are not signed but all trucks are equipped with GPS so we can prove we were there that day. Thanks.

1 reply

May 11, 2021

Mark,

Did you provide supplies, materials or equipment which were incorporated into a NJ residential project? If so, and your question is whether you can lien the project, I believe that the answer would be yes. If your company is not providing any labor, then you would not need to be registered as a Home Improvement Contractor. For NJ residential liens, you need to first send a Notice of Unpaid Balanace and file a demand for arbitration with the American Arbitration Association, before you are permitted to file the lien.

CMS

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