unlicensed plumber and no contract trying to lien for shotty work

6 days ago

an unlicensed plumber without a contract is threatening to put a lien on a property.

Additional info about this contractor
Project Role: Owner
Project Type: Residential
Legal Associate Levelset
115 reviews

There is no prohibition against unlicensed contractors filing a mechanics lien in NJ. However, there is a requirement that the contract is in writing. To have the right to file a mechanics lien in New Jersey, the claimant must provide “work, services, material, or equipment pursuant to a contract. Furthermore, the NJ Mechanics Lien Act defines the term “Contract” under NJSA §2A:44A-2 as “any agreement, or amendment thereto, in writing.”

In addition to that, there are specific notices and other requirements for filing a New Jersey mechanics lien on residential projects that must be met.

Here are some resources that may prove helpful:

Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
Attorney Tesser & Cohen

If the work took place in New Jersey, then a written and signed contract would be needed to assert a lien. If the lien is filed without a signed contract, then a Judge following the requirements of the lien law statute should order the discharge of the lien after an application for such discharge is properly made to the Court.

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