Legal Question in Construction Law in New Jersey
I am an electrical contractor in NJ. I have a general contractor that will not pay me the money due on completed contract work. I am still within the time frame for filing.Can I file or do I need an attorney?
Thank you
2 Answers from Attorneys
That depends on what you want to file. A NJ construction lien must be filed within 90 days of the last work performed or materials provided without regard to warranty service. The application is not especially difficult, but you may want to leave it to your lawyer if you are not familiar with the process and the amount is large. Allow some time for the application process. � If you mean filing suit, you probably have six years from the date that the debt was dishonored, but you should check with your lawyer much sooner than that because some claims might be governed by a shorter limitations period. �
See also: http://info.corbettlaw.net/lawguru.htm
You can do it, the problem is if it is not done exactly as per the statute, you will have to withdraw it, and you lose the benefit of it. I's say maybe 1 or at best, 2 of 10 are done properly. Even the attorneys screw it up for some reason. Is it a project involving ANY residential units? If so, then you HAVE to file a Notice of Unpaid Balance (NUB), and file for AAA expedited arbitration, so you have time to get a decision BEFORE you can file a lien, and it still muct be filed w/i 90 days of the last day you provided goods or services. Be careful!
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