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What can I include in the lien total in New Jersey?

New JerseyConstruction Contract Mechanics Lien

I'm an equipment lessor working on a job in New Jersey. I am planning on including money owed (my receivables) in the lien total. However, my equipment that was rented is still on the job. Can I also include the value of the equipment in the lien total?

1 reply

Dec 21, 2017

A mechanics lien in New Jersey secures the payment of the unpaid contract amount, reduced by the amount of any mechanics liens filed by others under your contract. Including the total value of the equipment would not be permissible just because the equipment remains on the property. If the rented equipment is still being utilized on the job, and not merely just lying there, an argument could be made that those amounts should be able to be included. However, since New Jersey is a state in which a written contract is required in order to lien, including those amounts is not advisable.

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