I am a first tier subcontractor on a residential project in NJ. I have a job that was completed 72 days ago. I approached the home owner before the job was completed and explained that her GC was not making payments on the job and she agreed not to pay him the balance and would paid us direct. She did not pay the GC the balance but she did pay other subs to get them to come back to finish the work and now states she has no money left. I notified her via text of our intent to file immediately upon completion of the project and she said that she would pay but has been giving me the run around. I did not file the NOI because of her making false promises to pay. Can I still file a lien if my notice of intent is after 60 days and the home owner has paid other subs. (Not the GC directly)
Under most circumstances, in a residential situation, if you don't file the NOI in time, you cannot file a lien.While every case is a little different, I don't think you will be able to file a lien. That does not mean that you can't file a formal lawsuit against the GC and/or the homeowner to compel payment.