New Jersey Lien Laws
Lien laws vary significantly across states, reflecting the diverse legal landscapes and economic conditions throughout the U.S. These laws govern the rights of creditors to claim an interest in property to secure payment for debts. For instance, some states have specific statutes that provide detailed processes for mechanics’ liens, allowing contractors and suppliers to enforce claims for unpaid work or materials on construction projects. In contrast, other states might have more streamlined or less detailed regulations.
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Supplier – Preliminary notice requirements to file mechanic lien
No preliminary notice is required. Supplier – Mechanic Lien
60 days: Notice of Unpaid Balance due within 60 days of last furnishing on Residential projects Non- residential 90 days: Lien must be filed within 90 days of last providing labor or materials. Residential Construction 120 day: Lien must be filed within 120 days of last providing labor or materials.
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
Non-residential 90 days: Lien must be filed within 90 days of last providing labor or materials. Residential Construction 120 day: Lien must be filed within 120 days of last providing labor or materials.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
Residential projects 90 days: Notice of Unpaid Balance due within 60 days of last furnishing Non-residential 90 days: Lien must be filed within 90 days of last providing labor or materials. On residential projects, due within 120 days but arbitration demand and award required before, which takes at least 30 days.
Timeframe to foreclose lien
Action to enforce due within 1 year from last providing labor or materials.
Construction participants not covered by lien law
Claimants below the third tier in the relationship chain do not have construction lien rights. Suppliers to suppliers are not protected by the lien law
Cost and damages not allowed in lien claim
materials that have been furnished or delivered subject to a security agreement which has been entered into pursuant to Article 9 of the Uniform Commercial Code; evaluative work, such as a feasibility study, which is not followed by related construction work; personal property that does not become part of the real estate; material, where the material in question is fuel; and where the work performed involves mining of minerals, removal of timber, gravel, soil or sod, unless the work is integral to or necessitated by the improvement to real property.