Construction Lien Claim

CONSTRUCTION LIEN CLAIM

(State of New Jersey)
Pursuant to N.J.S.A. 2A:44A-1 et seq.

RECORDING INFORMATION

County: [________________________________], New Jersey

Lodged for Record By:

Name: [________________________________]

Address: [________________________________]

When Recorded, Return To:

Name: [________________________________]

Address: [________________________________]

City/State/ZIP: [________________________________]

I. PROJECT TYPE DETERMINATION

IMPORTANT: New Jersey has different requirements for residential vs. commercial construction. Determine the project type first, as it affects deadlines, notice requirements, and available remedies.

☐ Commercial/Non-Residential Construction — N.J.S.A. 2A:44A-6(a): 90-day filing deadline
☐ Residential Construction — N.J.S.A. 2A:44A-6(b) and 2A:44A-20 through 2A:44A-21: 120-day filing deadline; NUB required

Definition of Residential Construction (N.J.S.A. 2A:44A-2): An improvement to real property consisting of not more than four dwelling units used or to be used for residential purposes.

II. CLAIMANT INFORMATION

III. PROPERTY OWNER / COMMUNITY ASSOCIATION INFORMATION

IV. CONTRACTOR AND SUBCONTRACTOR INFORMATION

A. General Contractor / Prime Contractor

B. Subcontractor (Through Whom Claimant Furnished Work, if Applicable)

V. PROPERTY DESCRIPTION

Street Address of Improved Property: [________________________________]

Municipality: [________________________________] County: [________________________________], New Jersey

Legal Description:

[________________________________]
[________________________________]
[________________________________]

(Attach as Exhibit A if the legal description is lengthy.)

Block: [________________________________] Lot: [________________________________]

Tax Map Reference: [________________________________]

VI. LIEN CLAIM FORM (Per N.J.S.A. 2A:44A-8)

A. Statutory Lien Claim Statement

Take notice that [________________________________] (Claimant) claims a construction lien in the amount of $ [________________________________] against the real property described above, pursuant to the New Jersey Construction Lien Law, N.J.S.A. 2A:44A-1 et seq.

B. Contractual Basis for Lien

The Claimant's right to file this lien arises from:

☐ A contract with the Owner for improvement of the property
☐ A subcontract with the General Contractor: [________________________________]
☐ A sub-subcontract with the Subcontractor: [________________________________]
☐ Other contractual relationship: [________________________________]

C. Nature of Work, Services, or Materials Furnished

The Claimant furnished the following work, services, material, or equipment:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

D. Dates of Furnishing

E. Amount of Lien Claimed

VII. NOTICE OF UNPAID BALANCE AND RIGHT TO FILE LIEN (NUB)

Residential Projects Only — N.J.S.A. 2A:44A-20

For residential construction projects, the Claimant must lodge for record a Notice of Unpaid Balance and Right to File Lien (NUB) within 60 days following the last date that work, services, material, or equipment were provided.

☐ This is a commercial project — NUB not required
☐ This is a residential project — NUB filed as follows:

Date of Last Furnishing: [__/__/____]

NUB Filing Deadline (60 days): [__/__/____]

Date NUB Lodged for Record: [__/__/____]

County Where NUB Filed: [________________________________]

NUB Document/Filing Number: [________________________________]

CRITICAL: For residential projects, the NUB must be filed before the lien claim. Failure to file the NUB within 60 days of last furnishing will bar the subsequent lien claim under N.J.S.A. 2A:44A-20.

VIII. FILING DEADLINE COMPLIANCE

A. Commercial / Non-Residential Projects (N.J.S.A. 2A:44A-6(a))

The lien claim must be lodged for record within 90 days following the date the last work, services, material, or equipment was provided for which payment is claimed.

B. Residential Projects (N.J.S.A. 2A:44A-6(b))

The lien claim must be lodged for record within 120 days following the date the last work, services, material, or equipment was provided.

☐ This lien is being filed within the applicable deadline

IX. SERVICE OF LIEN CLAIM (N.J.S.A. 2A:44A-10)

Within 10 days following the lodging for record of this lien claim, the Claimant must serve a copy on the owner (or community association), and if applicable, the contractor and subcontractor against whom the claim is asserted.

Service Method (N.J.S.A. 2A:44A-10)

Service shall be by both of the following simultaneously:

☐ (1) Registered or certified mail OR commercial courier service; AND
☐ (2) Ordinary mail to the last known business or residence address

OR

☐ Personal service as prescribed by the Rules of Court

Service Record

WARNING: Failure to serve the lien claim within 10 days of filing does NOT void the lien, but it may affect the Claimant's right to recover attorney's fees and costs.

X. RESIDENTIAL CONSTRUCTION — ADDITIONAL REQUIREMENTS

A. Arbitration Provision (N.J.S.A. 2A:44A-12)

For residential construction projects, the property owner may demand arbitration of the lien claim. The arbitration must be conducted in accordance with the rules established by the Administrative Office of the Courts.

☐ Claimant acknowledges that the owner may demand arbitration of this claim

B. Required NJ Home Improvement Contractor Registration

For residential construction, the claimant must be registered under the New Jersey Contractor's Registration Act (N.J.S.A. 56:8-136 et seq.). Failure to maintain valid registration may bar lien rights.

☐ Claimant is currently registered — Registration No.: [________________________________]

C. Written Contract Requirement (N.J.S.A. 2A:44A-21)

For residential construction with a value exceeding the statutory threshold, a written contract signed by the owner is generally required. The lien claim must identify the basis for the lien and whether a written contract exists.

☐ Written contract exists between Claimant and: [________________________________]
☐ No written contract — work performed on an emergency or other basis

XI. VERIFICATION

Claimant's Sworn Statement

I, [________________________________], being the ☐ Claimant ☐ Authorized Officer ☐ Authorized Agent of the Claimant, do hereby certify and say:

1. I have read the foregoing Construction Lien Claim and know the contents thereof;
2. The statements contained herein are true to the best of my knowledge;
3. The amount claimed is a good-faith estimate of the amount due after all just credits and offsets;
4. The labor, services, materials, or equipment described herein were actually furnished for the improvement of the above-described property;
5. All pre-lien notice requirements, including the Notice of Unpaid Balance (if applicable), have been satisfied; and
6. This lien claim is filed within the time required by N.J.S.A. 2A:44A-6.

Signature: ________________________________

Printed Name: [________________________________]

Title: [________________________________]

Date: [__/__/____]

XII. NOTARY ACKNOWLEDGMENT

STATE OF NEW JERSEY
County of [________________________________]

Sworn to and subscribed before me on this [____] day of [________________________________], 20[____], by [________________________________], who is personally known to me or who produced [________________________________] as identification.

Notary Public Signature: ________________________________

Printed Name: [________________________________]

My Commission Expires: [__/__/____]

(SEAL)

XIII. FILING INSTRUCTIONS AND KEY DEADLINES

A. Where to File

Lodge this Construction Lien Claim for record with the County Clerk (or Register of Deeds, depending on county) of the county where the improved real property is located.

B. Critical Deadlines Summary

C. Required Content Checklist

☐ Claimant name and address
☐ Owner or community association name and address
☐ Contractor/subcontractor name and address (if applicable)
☐ Description of property (street address, municipality, county, legal description)
☐ Nature of work, services, or materials furnished
☐ Dates of first and last furnishing
☐ Amount of lien claimed
☐ Verification under oath
☐ NUB filed first (residential projects only)

XIV. LIEN PRIORITY (N.J.S.A. 2A:44A-16)

A. Priority Rules

Under N.J.S.A. 2A:44A-16, a construction lien is a lien against the interest of the owner in the real property on which the improvement is situated. The lien:

• Attaches as of the date the lien claim is lodged for record
• Is subordinate to any construction mortgage recorded before the lien claim is filed
• Is subordinate to any permanent mortgage that replaces a construction mortgage
• Has priority over any mortgage or lien that attaches after the lien claim is filed

B. No Relation-Back Doctrine

New Jersey does not follow the "first-spade" relation-back doctrine used in many other states. Each lien's priority is determined by its filing date.

XV. LIEN DISCHARGE AND BONDING PROVISIONS

A. Discharge by Payment

Upon receipt of full payment including interest and costs, the Claimant shall execute and lodge for record a discharge of lien claim.

B. Discharge by Bond (N.J.S.A. 2A:44A-31)

The owner or any interested party may apply to the Superior Court for an order substituting a surety bond for the lien. The bond amount is set by the court, typically at 110% of the lien claim amount.

C. Discharge by Court Order (N.J.S.A. 2A:44A-29)

A lien may be discharged by court order if:

• The lien is frivolous or was filed in bad faith
• The statutory requirements were not met
• The time for enforcement has expired

D. Penalty for Frivolous Lien (N.J.S.A. 2A:44A-14)

If a lien is filed without basis or in bad faith, the court may award the owner actual damages, costs, and reasonable attorney's fees.

XVI. ENFORCEMENT

A. Enforcement Deadline

An action to establish and enforce the lien must be commenced within one (1) year from the date the lien claim was lodged for record, per N.J.S.A. 2A:44A-19. Failure to file suit within one year extinguishes the lien.

B. Court of Jurisdiction

Enforcement actions are filed in the New Jersey Superior Court, Chancery Division for the county in which the property is situated.

C. Lis Pendens

Upon commencement of a lien enforcement action, the claimant should file a lis pendens notice with the county clerk.

XVII. PRACTICE NOTES

1. NUB is Critical for Residential. Failure to file the Notice of Unpaid Balance within 60 days of last furnishing will bar a residential construction lien entirely.

2. No Preliminary Notice Required. New Jersey does not require a preliminary notice (unlike many other states). However, for residential projects, the NUB serves a similar function.

3. Contractor Registration. For residential work, the claimant must be registered under the New Jersey Contractor's Registration Act. Unregistered contractors may lose lien rights.

4. No Relation-Back. Each NJ lien attaches as of its filing date, unlike states that relate back to commencement of work. This means earlier-filed mortgages will have priority.

5. Dual Service Required. Service of the lien claim requires BOTH certified/registered mail AND ordinary mail simultaneously (or personal service).

6. Filing Fees. Contact the [________________________________] County Clerk for current recording fees.

SOURCES AND REFERENCES

• New Jersey Construction Lien Law, N.J.S.A. 2A:44A-1 et seq.: https://law.justia.com/codes/new-jersey/2009/title-2a/2a-44a
• N.J.S.A. 2A:44A-8 — Lien Claim Form: https://law.justia.com/codes/new-jersey/title-2a/section-2a-44a-8/
• N.J.S.A. 2A:44A-20 — Notice of Unpaid Balance and Right to File Lien: https://law.justia.com/codes/new-jersey/title-2a/section-2a-44a-20/
• N.J.S.A. 2A:44A-21 — Additional Requirements for Residential Construction: https://law.justia.com/codes/new-jersey/title-2a/section-2a-44a-21/
• New Jersey Mechanics Lien Guide (Levelset): https://www.levelset.com/mechanics-lien/new-jersey-lien-law-faqs/

This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in New Jersey should review and customize this document before use. Filing deadlines are strictly enforced; missing a deadline may result in permanent loss of lien rights.