I was contacted and then issued a PO by the Clifton Public Schools to replace the wall safety padding in School 17 which was damaged by storm Ida. This was an insurance claim filed with their carrier. After the work was completed the school/principal is refusing to pay the PO complaining about they wanted a different type of wall pad, that didn't show the anchors etc. which was more costly and wasn't what was there originally. Meanwhile, she wasn't the who hired me to do this job. Can I file a construction mechanics lien to get paid Mike
No, you cannot file a lien. Construction work performed on property that is owned by the government or for a public entity is specifically excluded from the statutory definition of an "improvement" that can be liened under N.J.S.A. 2A:44A-2. Liens against public projects are expressly barred under N.J.S.A. 2A:44A-5(b).
How much does the school owe you? If you the school issued you purchase order for a specific type of wall safety padding and you performed work in accordance with that P.O., you have a solid cause of action. Claims of $3,000 or less can be filed in small claims court. Claims of $15,000 or less can be filed in special civil part. If you are a sole proprietorship, you can even represent yourself in small claims court. If your claim is $15,000 or less, and the work you performed satisfied the written purchase order that the school issued, you should take your claim to an appropriately qualified NJ construction attorney to ensure you get paid.
If it was for a public property, you cannot lien it. Does the PO specify the same product that your company installed? Were there any issues with your performance of the work? Your ability to collect on this will come down to whether you can demonstrate that the work you performed (or equipment that you furnished & installed) was in conformance with the issued purchase order. If they told you the padding was wrong before you installed it and you still installed the padding, it would be a tougher sell. If you want me to give you a more informed opinion, please email me the relevant documents (to cschmittlaw@gmail.com).