Can a supplier/sub-contractor file lien (in New Jersey) even thought homeowner has not signed any written contract with prime/main contractor? Also, homeowner has over paid the prime/main contractor estimated amount submitted before starting work. In this case, can sub-contractor/supplier file for lien?
I think I would need more information to answer this. Why would the homeowner pay the prime/main contractor in excess of the estimate, but still say there is no signed agreement? If the homeowner received work or materials from a subcontractor/supplier through a general contractor, but that homeowner never signed the contract with the general contractor, I would say that the subcontractor/supplier could have an actionable claim for payment from the general contractor which could be attached to the homeowner's property, but that the homeowner would also likely have a strong defense and cross claim to seek coverage from the general contractor. If the dollar sums are significant, I would recommend that you seek a consultation with qualified legal counsel who understands NJ construction law.