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Who is my lein actually against? The general contract or the owner or both?

New Jersey

I did a project back in June and my contract was with the general contractor (CS Builders). The general claimed that the owner did not pay for the second half of the demolition project. The project was paid for by an insurance company the building was damaged during a snow storm. I know we have a lien against the property. Do we also have a lien against CS Builders the corporation? Do we have to litigate against CS Builders before the owner or at the same time?

1 reply

Feb 7, 2022

Dear Ms. Furth,

The lien would be against the owner. A lien claim records the value of the claimant's contribution against the real property itself. For the sake of efficiency and NJ's Total Controversy Doctrine, you would want to bring all your claims at the same time. You likely have other options apart from the lien. Please reach out to me if you would like to discuss further.

Thanks,

Colin Schmitt

cschmittlaw@gmail.com

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