I am a material supplier, our customer is a sub-contractor on a job located in West New York, NJ. We did Preliminary notices and invoice reminders but i guess we missed the deadline to file a lien. First material went out on Sept 18 2020 and last material was supplied on December 17, 2020. What can we do to ensure payment on this contract?
You should still have time to file a lien. I am answering you on 2/12/2021, or 57 days after you last provided materials to the improved property on 12/17/2020. If the materials were for a residential project (house/condo/apartment) you would need to file the Notice of Unpaid Balance (the "NUB") within 60 days of the last date that materials were delivered to the improved property. That would be Monday (2/15/2021), so you would need to file that NUB immediately.
If it's for a commercial project, you have 90 days to file the lien in NJ. See: https://www.levelset.com/mechanics-lien/new-jersey-lien-law-faqs/#:~:text=Lien%20must%20be%20filed%20within,takes%20at%20least%2030%20days.&text=An%20action%20to%20enforce%20a,last%20providing%20labor%20or%20materials.
If you miss the lien deadline, NJ contractors, subcontractors and suppliers should always consider suing the nonpaying party under the Prompt Payment Act which awards attorney's fees plus interest on any payments which have been improperly withheld.