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What do you do when they file a counter claim at the arbitration?

New Jersey

The client is filing a counter claim and I feel like I’ve been abandoned by levelset, not knowing what to do and not getting needed advice

5 replies

Jan 27, 2021
Levelset provides a solid overview of collection laws in all fifty states and can be an efficient option for contractors to file liens. What you are seeking is specific legal advice on your matter from a New Jersey attorney who understands construction law. If you wished to contact my office, I would be glad to provide a complimentary initial consultation, but you will no NJ attorney can represent you without first running a conflict check and establishing a written engagement letter and fee agreement. If you email me a copy of your contract and the counterclaim, I would be glad to share my initial thoughts on your options.
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Jan 27, 2021

Since you're in New Jersey - I'll assume you're referring to the AAA arbitration in order to pursue a mechanics lien against a residential property. As you may know, this is a required part of the New Jersey mechanics lien process, so any prospective mechanics lien claimant in NJ will have to file for arbitration. More on that process in this article: New Jersey Residential Mechanics Lien: A Convoluted Process.

Just like other methods of making claims (such as litigation or mediation), arbitration isn't a one-way street. Each party is entitled to put forth their perspective on the dispute, and each party is entitled to assert the claims they feel are appropriate. And, during the mechanics lien arbitration process, both parties are entitled to provide documents and effectively argue why a mechanics lien should (or should not) be granted.

As for how to respond to a specific arbitration counterclaim, the arbitrator should be able to provide information for how and when to respond in accordance with the arbitraton process. But, you'll need to formulate your own responses based on the allegations made in the other party's counterclaim. Of course, having an attorney assist you with that could be useful - and you can begin the search for a New Jersey construction lawyer here: Top New Jersey Construction Lawyers. Note that you can contact those attorneys directly by clicking their profiles then selecting the "Contact" button on the right hand of their profiles.

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Jan 27, 2021
Thanks I can send what I have from them They keep adding to it every day It’s killing me Send me your email address and I’ll forward what I have and get your opinion Thank you
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Jan 27, 2021

https://www.vaughanbaio.com/attorneys/colin-m-schmitt/

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Jan 27, 2021
Is this in regards to a residential lien arbitration? More info would be needed to know how to respond. However, assuming this is a residential lien arbitration, the arbitrator should have set a date for when his/her decision will be made. So you should try to get a letter to the arbitrator explaining why you think the counterclaim is bogus and include any backup documents that support your position such as emails, project documents, etc. I would be happy to assist further but would need more information.
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