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Is it too late to file?

We are a shop that designs/manufactures kiosks and retail store fixtures. We are located in Colorado. We built, shipped and installed our customer's kiosk in a mall in NJ in late April. Our customer owes an outstanding balance of $17.5k, to be paid in monthly agreed-upon installments. He is refusing to pay according to our contract. He was to begin making his payments starting June 1st. We installed his kiosk in late April, but in late May we supplied him with an additional sign for his kiosk. That falls within the 90 day window allowed by NJ law, if I am not mistaken. We are seeking to put a lien against the mall. I was advised to present this scenario to you by the support team, as it is somewhat confusing. You may call me anytime at 720-431-1416 or email me if you need additional information. Thank you.

1 reply

Aug 8, 2018

I'm sorry to hear you're going unpaid. First, let's look at the deadline for New Jersey. As mentioned above, the deadline to file a New Jersey mechanics lien on non-residential property is 90 days from the "last work, services, material or equipment was provided for which payment is claimed." Thus, as long as a lien claim is filed within 90 days of some part of the performance of the job that is being liened, a claimant should not miss their deadline. As a more general note - generally speaking, repair work or punch list work will not work to extend a lien deadline. However, claimants may base their lien deadlines on valid change orders or properly authorized extra work. We discuss the idea more here: I Returned to a Job – Does that Change the Lien Deadlines?

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