The Murphy Schiller & Wilkes LLP (MSW) Construction and Litigation team recently succeeded in discharging a construction lien by court order and precluded a lienor from filing any further lien claims. MSW, led by Brant Forrest, partner and co-chair of the MSW Construction and Litigation Groups, represented a general contractor on a large-scale residential project. A subcontractor improperly recorded a construction lien claim against a project.

Pursuant to N.J.S.A. 2A:44A-14, MSW served a notice on the subcontractor demanding the subcontractor commence an action to foreclose on the construction lien within 30 days or otherwise forfeit any lien rights. After the subcontractor failed to commence any action, MSW filed an Order to Show Cause seeking immediate discharge of the construction lien and an award of attorneys’ fees. The court agreed with the arguments presented by MSW in that the subcontractor failed to take timely action after receiving the notice under N.J.S.A. 2A:44A-14, and ordered the discharge of the construction lien. In addition, the court deemed the subcontractor forfeited its lien rights and awarded attorneys’ fees to the general contractor.

For more information, please contact us:

R. Brant Forrest
Phone: (973) 320-7591
Email: bforrest@murphyllp.com