Legal Question in Construction Law in New Jersey

Re: Nj cll

you need some help from an attorney!

Call me if you like; I never charge for the first phone call.

Re: Nj cll

In residential construction, subs and suppliers CAN file construction liens, but they must strictly follow the Lien Act statute, which requires the filing of a Notice of Unpaid Balance (NUB), and an application for expedited AAA arbitration first. After the AAA arbitration, you have to get an arbitration award BEFORE you can file a lien, and the award tells you in what amount you can file the lien. It is only THEN that they can file the lien, only in the amount of the AAA award, and it MUST be filed within 90 days that work, materials or services were supplied. If all these things are not done, the lien MUST be removed, and they are responsible for your legal fees to have it removed.

Re: Nj cll

It is easy to put a lien on property so the subcontractor can do it. The issue is how to have it removed. If, as you say, the prime contractor was already paid for the materials, then the supplier has no claim against the homeowner and the lien should be removed upon request. If the supplier refuses to do that and has to be taken to court to have the lien removed, then the homeowner may have a secondary action for slander of title that will help to recover any attorney fees.

My firm handles matters of this type, however it may be easier for you to work with a lawyer whose office is closer to you. (You did not give your Zip code.) If I can be of further help to you, call or email. If you remind me that the contact was through Lawguru, the first consultation will be free.

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