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Should we file a Municipal Mechanics Lien?

New JerseyMechanics Lien

We have supplied material to the general contractor on a public county project located in New Jersey, final delivery date of 01-21-2021. According to our Levelset guidelines we are due file a municipal mechanics lien in 7 days, the is same date that our final payment from the general contractor is due. All of the material we have supplied has yet to be installed, and therefore, has not been officially accepted by the public entity. Will we still have lien rights if we file later than the due date suggested by Levelset? Will we have to wait for the completion of the project to file a Mechanics Lien if we do not file now?

1 reply

Mar 18, 2021
You should file the lien within the deadline required by law, and that deadline is based on when your last date of work/delivery was. Make sure you keep all signed delivery tickets to prove delivery and your last date of work. Also, it appears your agreement is with the general contractor, not the public entity. So your right to get paid would be governed by your agreement with the GC, not the Owner. In any event, the safer course is likely to comply with the Lien Law Deadlines.
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