Legal Question in Construction Law in New Jersey

Filing a Lien Against a General Contractor

I have recently filed a lien against an owner of a property that we were directly contracted by, but now I have an issue with another customer in worked as the subcontractor and I am not sure of how to handle the issue. The owner of the property is our best customer and we are aware that the general contractor we worked for was paid in full for the project, but we are yet to see a dime of our payment after 2 months. We would like to file a lien against the general contractor, but can this be done considering that they were paid in full by the owner of the property? Thanks,

--Jason


Asked on 8/22/08, 10:05 am

2 Answers from Attorneys

Re: Filing a Lien Against a General Contractor

Your question is confusing, and unclear. You can only file a lien against a property. If you were paid as a sub, even if it was directly by the owner, you have no claim against a GC, only the owner does. If you were a sub or supplier, and unpaid, you can file a lien against the property, AND/OR you can sue the GC. You may not wamt to sue, just write letters, until after the project is completed, in case the GC intends to pay you later, and has the money later. On th eother hand, depending upon the GC, he may pay you only if you sue him, to avoid the litigation. If it is more than a few thousand, you may want to contact a lawyer, as there are a LOT of factors to consider.

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Answered on 8/22/08, 11:38 am
John Corbett Corbett Law Firm LLC

Re: Filing a Lien Against a General Contractor

A lien attaches to the property. The landowner then becomes responsible to honor the lien when making further payments. If you already know that the general contractor has been paid, there is little purpose in filing the lien. That is especially true since you have a relationship with the landowner. Your remedy is now a direct suit against the contractor.

My firm handles matters of this type. 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 8/22/08, 11:39 am


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