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.