A construction lien is a powerful tool for collecting a debt for work done on a construction project. It can also subject the lien holder to serious penalties if it is filed unlawfully. A New Jersey construction liens attorney can review your case whether you are defending or pursing a construction lien and help you make informed decisions about how to proceed.
The Purpose and Effect of a Construction Lien
Construction liens may be filed if a worker (contractor, subcontractor, supplier, etc.) does improvements on a property but does not get paid. This could be filed on behalf of a general contractor, plumber, electrician or other construction worker. A properly filed lien is then recorded with the appropriate register of deeds and is, in effect, part of the title record for that property. Among other things, it means the property owner cannot sell or transfer the property without clearing it. As such, it represents a powerful collection tool for the party filing it. If a lien is improperly filed or unwarranted, the homeowner can seek significant penalties against the contractor including interest, costs and sometimes even attorney fees.
Requirements of Construction Liens
For a contractor, subcontractor, supplier or those doing work on a commercial or residential project, you must file your lien within 90 days of when the work was completed. Your attorney can assist you with preparing the lien and getting it properly filed. If the payment is not made, the lienholder must then file suit in the appropriate court to pursue a judgment within one year. Whether you are the potential lienholder or property owner, your attorney can counsel you on your best legal options for pursuing your claim and resolving your dispute.
If a lien has been filed against your property, contact your attorney for options in having it removed or responding to a lawsuit.
Don’t leave your debt collection and defense to chance. Contact a skilled New Jersey construction liens attorney who can aggressively advocate for you. To schedule an appointment for an initial consultation with the offices of Snelllings Law LLC call 973.265.6100.