Legal Question in Construction Law in New Jersey
hi, where can i go to get a lien on work i performed. I finished a project and the contractor is not paying me the money we agreed on. we have a contract with him.
2 Answers from Attorneys
Just file in the county the property is
OK, liens are just complicated enough, there is a good chance you will need help. Is this a residential project, or commercial? By residential, I mean is it a residential structure. If you are working for a GC, it does not matter, what matters is what you are building. If it is residential, then you have to file a Notice of Unpaid Balance (NUB), and file a Request for Expedited AAA Arbitration. AFTER the arb, if you are told you can file a lien, THEN you file the lien, and the lien must be filed within 90 days of the last day you provided work or goods, so you have to send the NUB and AAA arb request much earlier. I usually file the NUB and arb request w/i 45 days of the last day the client provided work or materials. You can ONLY request a lien for the signed contract amount + signed CO's - any payments made to you. You can not file a lien for more than that, and if you try, you may lose the opportunity to file any lien after the AAA arb. If it is commercial lien, you can file it without the AAA arb, but you can still only filen a lien amount for the signed contract amount + signed CO's - any payments made to you. --- Good luck!
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