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New Jersey Mechanics Lien

File a New Jersey construction lien to secure payment for your work. Learn the 90-day recording deadline, the residential NUB step, and enforcement.

Introduction

In New Jersey a mechanics lien is called a construction lien. It is a legal claim lodged against real property by a contractor, subcontractor, or supplier who improved the property and was not paid. Once lodged for record, the lien attaches to the property, clouds the title, and can be enforced by a court-ordered sale. That security gives the lien its leverage, and New Jersey grants the right to it in the Construction Lien Law. The lien only works if you meet the deadlines. On nonresidential work no preliminary notice is required, and you lodge the lien claim within 90 days after last providing work or materials. Residential work is stricter: you first file a Notice of Unpaid Balance and demand arbitration, then lodge within 120 days. You must sue in Superior Court to enforce within one year of last furnishing. DocDraft prepares a New Jersey construction lien and its notices from your project details, and attorney review is available before you file.

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Key Things to Know

  1. 1

    A New Jersey construction lien secures payment against the improved property. Contractors, subcontractors, and suppliers who furnished work, services, material, or equipment under a contract and were not paid can claim one under the Construction Lien Law, N.J.S.A. 2A:44A-1 and following.

  2. 2

    Nonresidential work needs no preliminary notice. On a residential construction contract, though, the claimant must first file a Notice of Unpaid Balance and Right to File Lien within 60 days of last providing work, then demand arbitration within 10 days under N.J.S.A. 2A:44A-21.

  3. 3

    The nonresidential recording deadline is 90 days. Under N.J.S.A. 2A:44A-6 the lien claim is lodged for record within 90 days following the date the last work, services, material, or equipment was provided. Warranty and service-call work does not restart the clock.

  4. 4

    You must sue to enforce within one year. N.J.S.A. 2A:44A-14 requires an action in the Superior Court within one year of the date the last work, services, material, or equipment was provided, or the claimant forfeits all rights to enforce the lien.

  5. 5

    New Jersey applies the rules strictly. Missing the recording window, the residential NUB and arbitration steps, or the one-year suit deadline generally forfeits the lien, though a separate contract claim for the unpaid balance may survive.

  6. 6

    The lien claim must use the statutory form. N.J.S.A. 2A:44A-8 sets the required contents, including the claimant, the owner, the amount due, the property, the contract, and the dates of first and last work, signed and acknowledged.

  7. 7

    Residential jobs follow a stricter path. Under N.J.S.A. 2A:44A-21 the claimant must lodge the lien within 120 days of last work and within 10 days after receiving the arbitrator's determination, on top of the earlier NUB and arbitration demand.

Key decisions before you file

Before you file a Mechanics Lien in New Jersey, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.

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New Jersey Requirements for Mechanics Lien

  • New Jersey Filing Deadline and Office

    File the New Jersey mechanics lien in the correct office, a county recorder or court as New Jersey requires, within the state's deadline after you last furnish labor or materials. New Jersey applies the deadline strictly, so filing late or in the wrong office can void the lien.

Frequently Asked Questions