Mechanic’s Liens: How to Protect Your Rights to Payment for New Jersey Construction Projects
When you complete work on a construction project in New Jersey and do not get paid, the financial impact can be severe. Fortunately, state law gives contractors, subcontractors, and suppliers a powerful legal tool to protect their right to payment: mechanic’s liens.
Understanding how mechanic’s liens work and how to use them correctly can mean the difference between recovering what you are owed and walking away empty-handed. Our Red Bank construction lawyer explains who can file a mechanic’s lien in New Jersey and the requirements for doing so.
What You Need To Know About New Jersey Mechanic’s Liens
A mechanic’s lien is a common type of legal claim. It protects contractors, subcontractors, suppliers, and other construction professionals by ensuring payment for their work and materials.
New Jersey mechanic’s liens are governed by the Construction Lien Law (N.J.S.A. 2A:44A-1). It establishes who can file, what the lien must contain, and the applicable deadlines. Those who are generally eligible to seek payment through a mechanic’s lien include:
- General contractors with a direct contract with the property owner.
- Subcontractors hired by the general contractor.
- Sub-subcontractors working under a subcontractor.
- Suppliers who provided materials incorporated into the project.
- In some circumstances, design professionals, such as architects and engineers.
A mechanic’s lien attaches to the property so the owner can’t sell or refinance it without resolving the lien.
Deadlines and Requirements for Mechanics Lien Claims in New Jersey
Construction lien laws are detailed and unforgiving in terms of procedural requirements. Under Section 2A:44A-6 of the New Jersey Statutes, you must file a mechanic’s lien claim within 90 days of the last date you provided work, services, or materials on the project. Additional requirements to keep in mind include:
- You must file the lien with the court clerk in the county where the property is located.
- Within 10 days of filing the lien, you must serve a copy on the property owner.
- The lien must include specific information about the contract, the work performed, and the amount owed.
- You must file a lien action to enforce the claim within one year of when the lien was recorded.
- Residential projects have additional notice requirements that differ from commercial projects.
Keeping detailed records throughout every project is essential. Contracts, invoices, delivery receipts, change orders, and written communications provide important documentation in the event of a payment dispute. The stronger your paper trail, the stronger your lien claim.
To Get the Payment You’re Owed, Contact Our Experienced Red Bank Construction Lawyer
Whether you are a contractor, subcontractor, or supplier, not getting money owed from New Jersey construction projects can cause serious financial hardship. At Sanvenero & Cittadino Law Office, we protect clients in these cases, helping them resolve disputes, file mechanic’s liens, and enforce payment.
Contact our experienced Red Bank construction lawyer today to request a consultation. We provide trusted legal representation to clients in Shrewsbury, NJ; Monmouth County, NJ; Central New Jersey; and throughout New Jersey.
Source:
lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/1469