Mechanics Lien Filings

NEW JERSEY MECHANIC & CONSTRUCTION LIENS ATTORNEYS

What Is a Construction Lien?

A construction lien also called a mechanic's liens, is a type of legal claim designed to protect contractors, subcontractors, and suppliers from getting paid and enforcing the contracts upon which they provide construction services or materials and supplies.

For example, let’s say you are involved as a contractor for the construction of a new warehouse, namely pouring the foundation, and the project manager is behind on its payments to you. One method to ensure collection of your monies is to file a mechanic’s lien which places an equitable lien against the physical property itself.

A property owner won’t want its title adversely affected and this gives you leverage because the property owner can usually intervene and have the project manager make payment to you so that you will discharge the lien.

How Do I File a Construction Lien?

In order for a contractor or supplier to file a construction lien, there has to be a valid, working contract in place between the property owner and the party or parties performing the construction on the property or providing the supplies.

There must also be a breach of the provisions of the contract. The breach is generally met when the party fails to pay for the services performed by the contractor. The contractor must then file their claim with the court for a lien to be put on the property.

However, there are intricate statutes that govern the filing of these liens in New Jersey, along with time constraints for doing so. A qualified attorney can assist in the details of making sure that your lien is validly and timely filed and that it serves the necessary purpose intended.

How Long Do You Have to File a Mechanics Lien in NJ?

You have 90 days from when you last furnished labor or materials to a construction project to file a mechanics lien in New Jersey. On residential projects, the deadline is extended to 120 days. Still, you must also file a Notice of Unpaid Balance and Right to File Lien with the county clerk within 60 days of the last day you provided materials or services.

What Are the Consequences of a Mechanic’s Lien?

A mechanic’s lien can have major consequences on the title to your property. If the lien does not get discharged (meaning the contractor doesn’t get paid), there will not be a clear title on the property and ultimately this lien can be foreclosed upon.

A mechanic’s lien can also be problematic if you require continued funding for your project, as many lenders will not lend to an encumbered property. The leverage provided by the filing of a mechanic’s lien can be critical to the successful collection of payment.

Have additional questions regarding a New Jersey mechanic's lien? Call us today at (201) 897-4942 to schedule your consultation with our legal professionals at M. Ross & Associates, LLC.

At M. Ross & Associates, LLC, we are dedicated to helping clients across New Jersey and New York. If you are facing a mechanics’ lien situation, we urge you to consult with our lawyers to discuss all of your options under the law. Construction disputes can be complex, which is why we are here to make sure all of your interests are fully protected.

Continue Reading Read Less

Blog
Check out our blog for helpful, informative legal information.

Learn More
Team
Meet the legal team prepared to protect your business.

Learn More
Videos
Check out our video gallery to hear education tips from our team.

Learn More

Contact M. Ross & Associates, LLC Today!

We’re Ready to Help

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy

Why Choose Us?

Trusted Advisors: Our Track Record Speaks for Itself.
Our commitment to excellence is reflected in the trust our clients place in us, many of whom continue to rely on our services as their outside general counsel.
Dedicated Advocacy for Complex Legal Matters
At M. Ross & Associates, LLC, we understand that protecting and growing your business is paramount, and our experienced team is dedicated to achieving successful outcomes in complex legal matters.
Tailored Legal Support for Businesses of All Sizes.
With a focus on small to large businesses and entrepreneurs, we offer comprehensive legal support tailored to your specific needs, whether in transactional advice or courtroom representation.
Sophisticated Expertise with Personalized Care
We pride ourselves on delivering the polished legal sophistication expected by Fortune 500 clients while providing personalized attention and promptness of a small firm.