Legal Question in Construction Law in New Jersey

construction lien

I work a/r for a hvac company. we subcontract work for general contractors. what is the law, period on putting a lien against property when we do not get paid for our completed work. we have signed contracts. and want to know time frame involved to submit lien


Asked on 3/18/08, 4:30 pm

1 Answer from Attorneys

John Corbett Corbett Law Firm LLC

Re: construction lien

NJ construction liens must be filed within 90 days of the date of last work performed or materials supplied under the contract. That period is not extended by warranty service.

The lien must be in a specific form and must include a statement of the labor and supplies. It also has to contain a description of the property sufficient so that the lien can attach. Frequently, that requires having a title searcher look up the Lot/Block number. So, there is a bit of time necessary to prepare the lien. If you are not paid in full within 60 days after completion, you should begin work on the lien so that it can be filed on time. A lien that is filed late has no effect.

BTW, the revised Construction Lien Law voids any provisions in your subcontract that purports to prevent you from filing a lien. Such provisions are void on public policy grounds and you may ignore them.

My firm handles construction law matters including construction liens and commercial collections. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 3/18/08, 5:07 pm


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