I was trying to work with the client and got no where on final payment. I've missed the 60 day filing period....I just looked into this process. Is there anything I can do?? The job was in Livingston New Jersey.
Thank you,
Craig
1 reply
Nov 6, 2019
New Jersey has strict notice requirements for residential construction projects, and failure to follow those requirements will result in a loss of lien rights. If more than 60 days pass after the last furnishing date and aNotice of Unpaid Balance and Right to Claim Lien has not been filed, a claimant won't be able to proceed with the New Jersey residential mechanics lien process.
Still, even where a mechanics lien filing might no longer be available, there are always other options for recovery.
Recovery options outside of the mechanics lien process
For one, sending a demand letter can lead to payment. Letting an owner know that you're serious about recovering payment and that you're unafraid to take the necessary steps to ensure payment might be enough to get paid. Including specific demands and making specific legal threats can help to ensure a demand letter is given the weight it deserves. More on that here: Demand Letters for Contractors – How To Write One That Gets You Paid.
What's more, failing to preserve lien rights won't affect other recovery tools. So, claims like breach of contract or under the state's prompt payment laws could very much still be on the table.
Finally, if legal means do become necessary, note that New Jersey small claims court may be an option to streamline the dispute if it's for $3,000 or less.