Question—Please state whether or not, under the laws of the State of New Jersey, a seller of building materials comes in under the mechanics’ lien law the same as the man selling his labor.

Reply: Persons furnishing materials for the erection of a building are called “material men” in the Mechanics’ Lien Law of New Jersey, and they have a lien which is protected like that of a laborer. The first section of the law provides that “every building hereafter erected or built within this State shall be liable for the payment of any debt contracted and owing to any person for labor performed or materials furnished for the erection and construction thereof, which debt shall be a lien on such building, and on the land whereon it stands.” It is further provided, in a later section, that “whenever any master-workman or contractor shall, upon demand, refuse to pay any person who may have furnished materials used in the erection of any such house or other building—it shall be the duty of such—material man to give notice in writing,” etc. As a result of this notice his lien attaches and his claim is protected.

Opinion No. 21.