In New Jersey, a contractor or subcontractor cannot file a lien against a public entity under the Construction Lien Law. However, they can file a lien against counties, municipalities and other public entities under the Municipal Mechanics’ Lien La…
While there is an explicit statutory prohibition in New Jersey on the waiver of lien rights on private projects, there is no such prohibition on the waiver of municipal mechanic’s lien rights on public jobs.
A Municipal Mechanic’s Lien will not secure a lien claimant’s right to recovery from a municipality if the lien is filed after all earned project funds have been paid out and retainage or excess funds are needed to complete a project.
Under a Municipal Mechanic’s Lien, the contractor or supplier’s right to payment from the municipality is limited to the amount earned, but not paid to the prime contractor by the municipality
The key to differentiating between the two types of payment clauses is whether or not the language in the payment provision is absolutely clear that the risk of nonpayment is being transferred downstream... Read More
In New Jersey, the Uniform Enforcement of Foreign Judgments Act, N.J.S.A. 2A:49A-25 et seq., dictates the procedure for docketing an out of state judgment, referred to as a “foreign” judgment, in New Jersey. Read More
Bart J. Klein is the Managing Partner and the founder of the Law Office of Bart J. Klein. Mr. Klein’s more than three decades of legal experience informs his analysis of all client issues and concerns. After beginning his career practicing in t… Read More
Alex W. Klein is Of Counsel to the firm. The focus of his practice is landlord-tenant proceedings, civil litigation, commercial disputes, and labor and employment law. Mr. Klein also has extensive experience representing corporate and individual cl… Read More
Julian Helisek’s practice focuses principally on general commercial litigation matters. He represents plaintiffs and defendants in business disputes from inception through trial and appeal, and has appeared in numerous state and federal court… Read More
We represent clients and appear in courts throughout the State of New Jersey, including the counties of Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union and Warren.
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