Legal Question in Construction Law in New Jersey

Mechanics Lien

I just received verbal notice from an electrical subcontractor that they plan to place a lien on my house for non-payment from the GC. My construction is over and I received a Final Lien release from the GC. I paid the GC all scheduled payments and can prove it.

The lien is for a $1500 bill, so getting an attorney to represent me would cost well over that amount. How can I fight this. There has to be laws about a consumer paying twice. I would call the GC except he is probably on the verge of bankrupcy.

I have spoken to other homeowners that he is doing work for and they are having the same problems. As a matter of fact, I am one of the lucky ones.

This is the 2nd time I have been threatened with a lien on this job. The first one didn't go through because of a tecnicality.

Could someone please give me some guidance.


Asked on 2/22/05, 10:27 am

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Re: Mechanics Lien

A solution may not be as costly as you think and you won't have to pay twice. An owner is not liable for any amount of the claim represented by payments to the GC made before notice to the owner. NJSA 2A:44A-10. You should notify the sub that all payments have been made and demand that he discharge the lien. If this does not happen, you can force the sub to bring suit against the GC within 30 days to determine the relative rights of the parties. If the sub does not sue the GC, he must discharge the lien within 30 days. If the sub wrongfully fails to discharge a lien and you have to take the sub to court, the sub must pay your cost of suit including your attorney's fees.

If you need more help with this, contact me at the number below.

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Answered on 2/22/05, 10:31 pm


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