– 38 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM One who provides work, services, or materials in connection with improving property pursuant to a contract. Includes work done by design professionals (architects or surveyors) or even security guards. J. R. Christ Const. Co. v. Willete Associates, 47 N.J. 473, 221 A.2d 538 (1966) NJ REV STAT § 2A:44A-3 DEADLINE TO PERFECT Deadline to file lien depends on whether commercial or residential construction contract: • Commercial – 90 days after the date or last work, services, or material for which payment is claimed. Filing of a Notice of Unpaid balance (NUB) is optional for commercial. • Residential – A Construction Lien Claim must be filed 120 days following date of last work/services for which payment is claimed but must be preceded by the filing of a Notice of Unpaid Balance (NUB). The NUB must be filed within 60 days of last work/services and a demand for arbitration within 10 days of filing. NJ REV STAT § 2A:44A-6 (Commercial) NJ REV STAT § 2A:44A-21 (Residential) BROKEN PRIORITY Construction lien attaches as of the date that the lien claim is filed. No relation back. No relation back to commencement of work, but can relate back to the date the NUB is filed. NJ REV STAT § 2A:44A-22 NJ REV STAT § 2A:44A-10 DURATION OF LIEN A claimant filing a lien claim shall forfeit all rights to enforce the lien, and shall immediately discharge the lien of record, if the claimant fails to commence an action in the Superior Court, in the county in which the real property is situated, to enforce the lien claim: 1. Within one year of the date of the last provision of work, services, material or equipment, payment for which the lien claim was filed; or 2. Within 30 days following receipt of written notice, by personal service or certified mail, return receipt requested, from the owner, community association, contractor, or subcontractor against whose account a lien claim is filed, requiring the claimant to commence an action to enforce the lien claim. NJ REV STAT § 2A:44A-14 CONTENTS OF LIEN (1) Signed statement verified by oath; (2) statement of work or materials furnished; (3) claimant’s identity and contractual relationship to owner; (4) description of land sufficient to identify the same; (5) value of the work or materials; (6) date of last work or furnishing; and (7) calculation of amount due. Should be per form set forth in NJ REV STAT § 2A:44A-8 Strict compliance with above requirements mandated; however, lien will be construed liberally to give effect. Aloia Const. Co. v. BFW/Howell Assocs., LLC, No. A-0580-08T1, 2010 WL 322890, at 4 (N.J. Super. Ct. App. Div. Jan. 29, 2010). NJ REV STAT § 2A:44A-6 BY STATE MECHANIC’S LIEN LAWS NEW JERSEY NEW JERSEY
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