Far too often, when their
invoices go unpaid,
contractors and vendors
make the mistake of
filing lien claims
against real property,
to which they provided
the unpaid for goods or
services, using improper
standardized forms
obtained from "big box"
stationery stores.
Unfortunately, through
the mere filing of these
often improper lien
claim forms with the
County Clerk, the
contractor/vendor is, in
many instances, actually
forfeiting its strongest
assurance of getting
paid for the goods
and/or services it
provided for the
"improvement" of such
property.
A. Dot your i's and cross
your t's:
This
forfeiture of lien
rights is primarily
because New Jersey's
Construction Lien Law
(N.J.S.A. 2A:44A-1, et
seq.) contains very
specific requirements
that must be satisfied
prior to obtaining an
enforceable lien claim.
Failure to comply with
these requirements prior
to filing a lien claim
not only renders the
lien claim invalid, but
also subjects the
contractor/vendor who
filed the improper lien
claim to liability for
all of the costs and
expenses, including
attorney's fees,
incurred by a property
owner in defending or
discharging the invalid
lien claim.