The Thomas Group, Inc. v. Wharton Senior Citizen Housing, Inc

In The Thomas Group, Inc. v. Wharton Senior Citizen Housing, Inc., 163 N.J. 507, 750 A.2d 743 (2000) it was unnecessary for the Court to address that interaction further, because the issue involving retainage in that appeal was limited to whether a lien claim was premature and subject to forfeiture under 15 of the Lien Law because it was filed before the contractor had met every condition to receiving final payment (including the retainage amount). The Court answered that question in the negative, recognizing two competing interests . . ., each worthy of protection. On the one hand, we have the contractor, who having performed substantially all of its work, seeks the protection of its statutory lien claim and superiority over claimants junior in priority. On the other hand, we have the owner's interest in not being compelled to pay the contractor until all of the bargained for prerequisites to payment are satisfied. Our task is to fashion protections for both interests, if it can reasonably be done, within the four corners of the statutory scheme. 163 N.J. at 518-19, 750 A.2d 743.