Mechanics liens

New Jersey mechanics lien law and deadlines

New Jersey calls it a construction lien. On commercial work you lodge the lien claim with the county clerk within 90 days of your last work and serve it within 10 days; on residential work you must first file a Notice of Unpaid Balance and go through a fast arbitration.

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New Jersey's version of the mechanics lien is the construction lien, governed by the Construction Lien Law at N.J.S.A. 2A:44A-1 and following. The short version: you need a signed written contract, the lien claim has to be lodged with the county clerk within 90 days after the last day you provided work, services, material, or equipment, a copy has to be served within 10 days of lodging, and suit must start within one year of your last work. Residential jobs add a mandatory Notice of Unpaid Balance and an arbitration that must be finished before the lien can be filed.

New Jersey construction lien deadlines at a glance
StepDeadline or ruleStatute
Written contractRequired; signed by the party you contracted with (a signed delivery slip counts for suppliers)2A:44A-2
Preliminary noticeNone required; an optional Notice of Unpaid Balance protects priority on non-residential work2A:44A-20
Lien claim, non-residentialLodge for record within 90 days after last work or materials2A:44A-6
Residential: Notice of Unpaid BalanceLodge within 60 days after last work, then demand arbitration within 10 days2A:44A-21
Residential: lien claimWithin 10 days after the arbitrator's determination and within 120 days after last work2A:44A-6
Serve the lien claimWithin 10 days after lodging2A:44A-7
Enforcement suitWithin 1 year of last work, or within 30 days of a written demand to sue2A:44A-14
Public projectsNo lien on public property; payment and performance bond instead2A:44-143

Who can file a construction lien in New Jersey

Section 2A:44A-3 gives lien rights to a contractor, subcontractor, or supplier who provides work, services, material, or equipment under a contract. The definitions in 2A:44A-2 do most of the limiting, and they are stricter than in many states.

  • Contract in writing. "Contract" means a written agreement signed by the party you are claiming against, meaning the party in direct privity with you. For a supplier, a delivery or order slip that references the job and is signed by that party also counts. A handshake deal on a $60,000 basement fit-out is a lien problem in New Jersey.
  • Tier limits. A subcontractor is someone working under the contractor or under a sub that is in direct privity with the contractor. A supplier must have privity with the owner, the contractor, or a first-tier sub. Lower tiers fall outside the definitions.
  • Design professionals. "Services" covers licensed architects, engineers, land surveyors, and certified landscape architects who are in direct privity with the owner and are not salaried employees of a contractor or sub.
  • Amount cap. Under 2A:44A-3, the lien is limited to what the owner agreed in writing to pay, less good-faith payments made before the lien claim is filed.

Notice of Unpaid Balance: New Jersey's version of a preliminary notice

New Jersey does not make subs or suppliers send a preliminary notice at the start of the job. What it has instead is the Notice of Unpaid Balance and Right to File Lien under 2A:44A-20. On commercial work it is optional, but it matters: a lien claim beats a later conveyance, lease, or mortgage only if a Notice of Unpaid Balance was filed before that document was recorded. The notice is effective for 90 days (120 days for a residential construction contract) from your last work. Filing it is not the same as filing a lien and does not extend the lien deadline.

Lodging, serving, and enforcing the lien claim

On non-residential jobs, the lien claim form from 2A:44A-8 is signed, acknowledged, and verified under oath, then lodged for record with the county clerk within 90 days after the last work, services, material, or equipment you provided. Under 2A:44A-6(d), warranty or service calls and other work after your contract is complete or terminated do not count toward the last day. Within 10 days after lodging, serve a copy marked by the clerk on the owner (or community association) and on the contractor or sub you are claiming against. Section 2A:44A-7 allows personal service, or registered or certified mail or a commercial courier together with ordinary mail.

Under 2A:44A-14, the enforcement action goes in Superior Court in the county where the property sits. It must be filed within one year of your last work, or within 30 days after you receive a written notice from the owner, contractor, or sub demanding that you sue, whichever comes first. Miss either and the lien is forfeited and must be discharged of record.

Residential jobs: the arbitration step

Residential construction contracts follow a separate track under 2A:44A-21. Say a framing sub finishes on a new single-family house on March 1 and is still owed $38,000. The sub must lodge a Notice of Unpaid Balance within 60 days of that last work, then serve a demand for arbitration within 10 days of lodging the notice. The arbitration is meant to finish within 30 days of the American Arbitration Association receiving the demand. If the arbitrator finds the lien proper, the claim must be lodged within 10 days after the sub receives the determination and still within 120 days after the last work. Skip a step and the lien claim is invalid. A notice that is without basis, significantly overstated, or improperly filed makes the claimant liable for the owner's damages, court costs, and attorneys' fees.

Lien waivers in New Jersey

New Jersey does not publish a mandatory statutory lien waiver form in the sections covered here. The key rule is 2A:44A-38: waivers of construction lien rights are against public policy and void unless given in consideration for payment, and even then they are effective only to the extent the payment is actually received. A waiver signed against a check that later bounces does not cost you the lien. Tie each waiver to a specific payment amount and period.

Public projects use payment bonds instead

You cannot lien a school, a municipal building, or a state facility. N.J.S.A. 2A:44-143 requires a payment bond and performance bond on public buildings and works built at the expense of the State, a contracting unit, or a school district, protecting subcontractors and suppliers who contract with the prime or with one of its subs. The contracting party sets the bond at a percentage not exceeding 100 percent of the bid, and may waive the bond on State contracts of $200,000 or less and on contracting unit or school district contracts of $100,000 or less. Ask for a copy of the bond before you start on public work. Wage rules for those jobs are covered in New Jersey prevailing wage, and payment timing in New Jersey prompt payment rules.

Licensing matters too: home improvement and other registrations are covered in New Jersey contractor license requirements. The statute citations above are from the Construction Lien Law as published; read the current text or talk to a New Jersey construction attorney before filing.

Frequently asked questions

How long do I have to file a construction lien in New Jersey?

On non-residential work, 90 days after the last day you provided work, services, material, or equipment. On residential work, you file a Notice of Unpaid Balance within 60 days, arbitrate, and then lodge the lien within 10 days of the arbitrator's determination and within 120 days of your last work.

Does New Jersey require a preliminary notice?

No. New Jersey has no start-of-job preliminary notice. The Notice of Unpaid Balance and Right to File Lien is optional on commercial jobs (it protects your priority against later sales and mortgages) and mandatory on residential jobs.

Can I file a lien in New Jersey without a written contract?

Generally no. The statute defines a contract as a signed writing from the party you contracted with. Suppliers can rely on a signed delivery or order slip that references the job.

Can a third-tier subcontractor file a lien in New Jersey?

The definitions stop at a subcontractor working under a sub in direct privity with the contractor, and at suppliers to a first-tier sub. Parties below those tiers are outside the lien law's definitions.

Is an advance lien waiver enforceable in New Jersey?

Waivers are void unless given in consideration for payment, and they only take effect to the extent the payment is actually received.

Sources

  1. N.J.S.A. 2A:44A-2, definitions (Justia copy of the 2024 statute, archived)
  2. N.J.S.A. 2A:44A-6, filing lien claim (Justia copy of the 2023 statute, archived)
  3. N.J.S.A. 2A:44A-3, lien rights (FindLaw)
  4. N.J.S.A. 2A:44A-7, service of lien claim (FindLaw)
  5. N.J.S.A. 2A:44A-14, enforcement action (FindLaw)
  6. N.J.S.A. 2A:44A-20, Notice of Unpaid Balance (FindLaw)
  7. N.J.S.A. 2A:44A-21, residential construction procedure (FindLaw)
  8. N.J.S.A. 2A:44A-38, lien waivers (FindLaw)
  9. N.J.S.A. 2A:44-143, public works payment and performance bonds (FindLaw)

Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.

Written and edited by

Maurice Francois writes and edits construction operations guides for Smart Business Automator. More from Maurice on the Scaling Legends podcast.

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