Legal Question in Construction Law in New Jersey

Lien Law

Exterior siding was installed on a residential home. Homeowner has been dragging out payment, bouncing checks etc, and to date has paid less than 2300 on a 13000 contrtact. We are 120 days past last date of service. Do we have any options with filing a lien now?


Asked on 4/04/07, 10:03 am

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Lien Law

You are long past the time in which you can file a construction lien claim. And there are several steps which must be followed to file a lien on a residential home.

You are long past any reasonable belief that the homeowner will simply change his mind and quickly pay the balance due. I suggest that you take your contract and all supporting documents to an attorney who handles business claims (collections). If your contract provides for the homeowner to pay attorney's fees and costs on failure to pay, that may help you.

I have been doing this kind of work since...oh, 1987 or so. I would start with a demand letter and a telephone call before doing anything else (to keep your costs down). Then, you take action as needed, including lawsuit.

If you would like, give me a call; I am in Hackensack (northern New Jersey). I will be happy to discuss

this with you; a brief telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 4/04/07, 10:09 am
John Corbett Corbett Law Firm LLC

Re: Lien Law

The revised construction lien law does not require that a contractor file a notice prior to beginning work but it only allows 90 days from the last date of providing services or material within which to file the lien. There is little wiggle room because warranty service is excluded. So, you are beyond the time that a lien can be filed.

Don't fret too much about that though. Unless the homeowner is planning to sell soon, you can get an even better result by filing a suit in the Law Division of the Superior Court. Assuming that you win, you will not only get a judgment lien against all New Jersey realty of the debtor, you may also be able to levy on it without waiting for the owner to sell in order to collect your judgment.

I have extensive experience as an engineer which is one reason why my law firm handles construction claims. 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

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Answered on 4/04/07, 10:39 am


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