Maps&Directions icon Construction
Home » Practice Areas » Construction

New Jersey Construction Lien Attorney Prosecutes and Defends Encumbrances

Challenging the validity of a construction lien

New Jersey construction lien attorneySnellings Law LLC represents property owners, contractors and building suppliers in the prosecution and defense of construction lien claims. This type of lien is a very powerful collection tool. However, wrongfully filing a construction lien can have severe consequences for the property owner. New Jersey law provides construction workers and suppliers — as well as property owners — protection in payment disputes over construction projects. Thus, whether you are prosecuting or defending a lien, it is important to seek the advice and guidance of an experienced New Jersey construction lien attorney.

Filing New Jersey construction liens

A NJ construction lien is an effective collection tool for parties involved in the construction business or the improvement of real property to compel payment for work they have completed. You can  only file construction liens when you have a written contract. In fact, liens for amounts due on change orders may be filed only if the change order was in writing. This type of lien is recorded against the subject real estate, and the owner cannot sell or refinance the property without first paying the debt secured by the lien. Thus, a mechanic’s lien can result in the lien claimant receiving payment out of the proceeds from the sale of the property. Filing a contractor’s lien can be a complex and technical process in New Jersey and our Parsippany attorney can best assist you with this process.

Who is entitled to file a NJ construction lien?

Many construction industry businesses can file construction liens, including general contractors, subcontractors, construction managers, suppliers of building materials, architects, engineers and land surveyors. A broad range of work can form the basis of a construction lien, including:

  • Construction
  • Design work
  • Excavation or dirt work
  • Building additions
  • Landscaping
  • Repairs and renovations
  • Carpentry
  • Plumbing
  • Roofing
  • Tiling
  • Masonry
  • Electrical work
  • Heating, ventilating and air-conditioning (HVAC) work

Having a New Jersey construction lien attorney file for you is an effective means of debt collection. If you have performed the work required under your contract and you have not received payment, we at Snellings Law LLC are prepared to discuss filing a lien with you. It is important to act quickly, however. This is because you must file the lien within 90 days from the last work performed or supplies provided, and served on the owner immediately thereafter. You must file a lawsuit within one year.

Challenging New Jersey construction liens

NJ construction liens have complicated requirements to be valid. If the lien claimant fails to comply with the requirements, the contractor may in some circumstances be liable to pay the owner’s attorney’s fees incurred in getting the lien discharged. Additionally, if you file a NJ construction lien for money found not to have been due, the lien claimant may be liable for the owner’s attorney’s fees spent in defending the claim and seeking to have the lien discharged. An owner can also have the lien discharged by posting a bond with the Superior Court of New Jersey while the case on the underlying debt is pending.

Schedule your initial consultation with a skilled and knowledgeable New Jersey construction lien attorney

Snellings Law LLC protects your best interests and rights in prosecuting or defending construction liens. Call us at 973.265.6100 or contact us online to schedule your appointment. Our office provides parking, access to public transportation and flexible hours by request.