an unlicensed plumber without a contract is threatening to put a lien on a property.
2 replies
Jun 29, 2020
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:
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.