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What should I do if I miss the deadline to file a lien

New Jersey

I’m a subcontractor working on a house for a property management company. They stop the work as I was just about to be done. Four months now have pass and I haven’t received a single penny for the job done.

2 replies

Apr 9, 2021

How much were you shortchanged? For most residential work in NJ, you will not be able to properly allege claims under the NJ Prompt Payment Act. If the project was a single house, you would fall short of the minimum of six units needed to qualify. However, if you are owed a substantial sum it may still be worth your while to sue for breach of contract, unjust enrichment, etc. Please reach out if you would like to talk about your options.  

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Apr 13, 2021
Even if you cannot file a lien, you still have your rights under your contract to pursue payment. Depending on what the contract says, you may have the right to stop work until you are paid, or terminate the contract. No matter what point of the project you are at, you always have the right to sue the other party to your contract directly for non-payment/breach of contract.
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