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New Jersey Questions
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New Jersey
We received an arbitrators decision. Our claim was facilitated through Zlien. The decision of the arbitrator was to deny the lien because no signed contract was submitted. This was incorrect. A copy of the contract was submitted. Is there a way to bring this oversight to the attention of the AAA for correction prior to a formal appeal? This is in regards to 5th Street Residence project.
New JerseyHave a client that has a large balance and no payment arrange will be settled.
New JerseyI need to know if he can put a lien or not.
New JerseyOwner refuses to sign, Date, approve and pay for add-ons, change orders and owner upgrades or sign, reject and I remove what’s been done according to his verbal or email requests at we install something different. If items are not approved they are to be removed at my expense. He keeps adding work verbally saying end of July we’ll approve then end of job we’ll approve and pay. It’s close to a quarter of a million I’m carrying. Owner is an Attorney and now saying CFA. Essentially putting the cart in front of the horse. He sent me a text saying my invoices are bullshit and with I go away or he’ll sue me for CFA. My contract reads that the add-ons need to be paid when invoices. He said he’s not paying anything. I trusted this man because he’s in an honorable profession. Hes completely exploited my Honorably Discharged Navy Veteran Instilled Core Value opinion of Honor. I took this man at his word and he’s out to “F” me. Essentially putting the cart in front of the horse. My contract is very clear as to how anything outside the scope of work is to be handled. I kept going based on his word and because of honor considering he’s a man of his word as I am since he’s an Attorney.
New JerseyWe are a shop that designs/manufactures kiosks and retail store fixtures. We are located in Colorado. We built, shipped and installed our customer's kiosk in a mall in NJ in late April. Our customer owes an outstanding balance of $17.5k, to be paid in monthly agreed-upon installments. He is refusing to pay according to our contract. He was to begin making his payments starting June 1st. We installed his kiosk in late April, but in late May we supplied him with an additional sign for his kiosk. That falls within the 90 day window allowed by NJ law, if I am not mistaken. We are seeking to put a lien against the mall. I was advised to present this scenario to you by the support team, as it is somewhat confusing. You may call me anytime at 720-431-1416 or email me if you need additional information. Thank you.
New JerseyI asked: Can a lien be placed on someone who has purchase rights/transfer rights to a property for development?
You replied: "Under § 2A: 44A-2 of the mechanics lien statute, an “owner” or “owner of real property” refers to "any person, including a tenant, with an interest in real property who personally or through an authorized agent enters into a contract for improvement of the real property." A few lines down, the statute defines "Public Entity" separately and does not include that term within the definition of an "owner". Thus, it's probably safe to assume that for the purposes of filing a mechanics lien, a public entity will not be considered an owner of lienable property under New Jersey statute. Further, under § 2A: 44A-5 of the New Jersey lien statute, titled "Prohibited Liens and Claims", the statute states "No liens shall attach nor shall a lien claim be filed...b. For public works or improvements to real property contracted for and awarded by a public entity..." Thus, it would appear that while project property is publicly owned, a mechanics lien filing on that property would likely not be valid or appropriate. "
However, the project is NOT a public project. It is currently already committed to be purchased by private sale, via a resolution already approved by the city. It is not a PUBLIC PROJECT it is simply a City-owned property that is now being sold/transferred/deeded to the developer who hired us for architectural services and who hired us for the site planning zoning submission which was approved for development (under my NJ architectural license).
So in this case, can I put a lien on the private interests of the developer via the property, which he now and soon will be the owner of?
New JerseyThe Zlien NJ info defines an Owner as:
“Owner” means any person, including any public or governmental entity, who has an interest in the real property to be improved and who has contracted with a prime contractor for such improvement to be made. “Owner” shall be deemed to include any successor in interest or agent acting on behalf of an owner.
We have , as architects, been hired by a developer who has a signed resolution/agreement from the city to purchase property on which we have done extensive work, including site plan submission for zoning planning board application to obtain successful approvals for the development of the property. If we place a lien, the current official property owner on record is the City, since the developer has not yet executed the purchase of the property. However, it seems, as defined above, that the developer would still be considered as "successor in interest or agent acting on behalf of an owner". In this situation, can we still place the lien on the property? We have proof and record of the transfer rights contract.
New JerseyIn New Jersey, we have completed work obtaining approvals for site plan development of multiple plots located on one block in Newark, New jersey. The client has suddenly refused to pay fees when billed, and yet we have not yet submitted final stamped signed and sealed drawings for the already-approved site plan submission. Approval was obtained at a town planning meeting with unanimous vote of approval. The property address in question was 597-601, however this address represented multiple lots that the developer is intending to combine. Do we need to submit multiple liens on multiple plots? or is the address alone or one lot sufficient?
New JerseyWe have made significant improvements to the property as tenants but the owner refuses to pay for our time and efforts and our out of pocket expenditures.
New Jerseyplaced a construction lien, received a demand to enforce foreclosure.
New JerseyMy company works as the general contractor on residential projects in New Jersey. Can you lay out the order of the steps we need to take in order to secure and claim our lien rights?
New JerseyI just followed the instructions on the webiste. The letter from the attorney reads:
The lien was improperly filed against the Landlord's real property. Pursuant to NJSA 2A:44a-3, if a tenant contracts for improvements on the premises then the lien can only attach to the leasehold interest of the tenant unless once of the exceptions is satisfied.
I can send a copy of the letter if you'd like.
New JerseyWe installed an elevator for the property and have not been paid the remaining 50% balance. Homeowner paid the general contractor, but GC did not pay us. Homeowner thinks they should not pay twice, but that should be between them and their GC. We should be allowed to file the lien until paid.
New JerseyNational Field Network owes my company over 35,000 on homes we did preservation work for HUD, Reverse Mortgage Solutions and Fannie Mae. We last worked on this homes over 90 days ago. Can I still file liens? If so, how much does it cost and how do I go about it?
New JerseyWe manufacture pumps and accessories. We have a Distributor who is purchasing material to be used at a Super Fund site. I am not certain who he is selling to ( another contractor or the owner) - but the pumps will be incorporated into skids to be used for remediation purposes. It is in NJ. How can I protect my receivable in this situation?
New Jersey