J.R.H. Electrical-Mechanical Contracting Corp. v. Coast Lumber & Supply Co.

The opinion of the court was delivered by

R.S. COHEN, J.A.D.

This is an action on a mechanic’s lien. Summary judgment was entered dismissing the action on the thesis that the lien was invalid because, contrary to N.J.S.A. 2A:44-71, the copy of the mechanic’s notice of intention required to be served upon the owner was served more than 5 days after filing of the notice with the county clerk. Plaintiff appealed, and we reverse.

On October 7, 1988, plaintiff agreed to do electrical subcontracting for the general contractor on a construction project for defendant Toms River Water Company (“the…