Construction Lien Claim - New Jersey

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(a)(2) and 2A:44A-20 through 2A:44A-21: 120-day filing deadline and 10 days after receipt of the arbitration determination; NUB required

Definition of Residential Construction (N.J.S.A. 2A:44A-2): Construction of or improvement to a dwelling or residential unit, or any part of one, including qualifying units and common areas in a real property development. The definition has no four-unit cap; check the statute's separate definitions of "dwelling" and "residential unit" for this project.

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. CONSTRUCTION LIEN CLAIM (N.J.S.A. 2A:44A-8)

TO THE CLERK, COUNTY OF [____________________________], NEW JERSEY:

In accordance with the Construction Lien Law, notice is given as follows. Complete the parts that apply.

1. Claimant, property, and lien amount. On [__/__/____], I, [CLAIMANT NAME], acting as ☐ an individual ☐ partner of [PARTNERSHIP] ☐ officer or member of [CORPORATION OR LLC], with business address [ADDRESS], claim a construction lien in the amount of $[AMOUNT] against the real property of [OWNER NAME] in [MUNICIPALITY], [COUNTY] County, New Jersey, described as Block [____], Lot [____], or, if none is assigned, by the attached legal description. If the claim is against a community association, its name and the development's location are [____________________________]. The lien is claimed against the interest of ☐ owner ☐ unit owner ☐ community association ☐ other [DESCRIBE].

2. Contract and improvement. Under a written contract dated [__/__/____] with ☐ property owner ☐ community association ☐ contractor ☐ subcontractor, namely [CONTRACTING PARTY NAME] at [ADDRESS], Claimant furnished the following work, services, material, or equipment to improve this property:

(a) [____________________________________________________________]

(b) [____________________________________________________________]

(c) [____________________________________________________________]

3. Last furnishing date for which payment is claimed: [__/__/____].

4. Lien amount computation. Complete each line; use D only if the contract was not completed.

Notice of Unpaid Balance and Arbitration Award

This claim ☐ does ☐ does not arise from a residential construction contract. For a residential claim, complete both 5 and 6. For another claim, complete 5 if applicable.

5. Notice of Unpaid Balance and Right to File Lien: ☐ Not applicable. ☐ Previously lodged with the Clerk of [COUNTY] County on [__/__/____], instrument number [________], Book [____], Page [____].

6. Residential arbitration award: Issued on [__/__/____] in the amount of $[________]. Date Claimant received the determination: [__/__/____].

Claimant's Representation and Verification Under Oath

I, [CLAIMANT OR AUTHORIZED REPRESENTATIVE NAME], verify under oath that:

1. I have authority to file this claim.
2. Claimant is entitled to the amount claimed when this claim is lodged for record, under the contract identified above.
3. The work, services, material, or equipment claimed here was provided exclusively for improvement of the property identified here.
4. This claim has been lodged with the Clerk of the county where the property is located within 90 days of the last furnishing date, or within 120 days for residential construction.
5. I completed the form in its entirety to the best of my ability and understand that an incomplete form may be found invalid by a court.
6. This claim will be served as the statute requires on the owner or community association and on any contractor or subcontractor against whom the claim is asserted.
7. The statements in this claim are true to the best of my knowledge. I understand that willfully false statements make the lien void and may make me liable for damage to the owner or another person injured by its filing.

Claimant name: [________________________________]

Signature: ____________________________________ Date: [__/__/____]

Printed name and title of signer: [________________________________]

Notarial Certificate

State of New Jersey, County of [____________________________]:

On [__/__/____], [SIGNER NAME] personally appeared before me, proved their identity to my satisfaction, was duly sworn or affirmed concerning the foregoing verification, and acknowledged executing this claim for ☐ themself ☐ [ENTITY NAME] as its authorized [TITLE].

Notary signature: ____________________________________

Printed name: [________________________________] Commission expires: [__/__/____]

Seal: [NOTARIAL SEAL]

Notice to Owner and Contractor or Subcontractor, If Applicable

The owner's real estate may be sold to satisfy this claim only after a court decides the facts and issues on which it rests. Claimant must bring suit in the Superior Court in the county where the property is located within one year after the last furnishing date, or within 30 days after receiving a qualifying written demand to sue. Failure to bring the action requires forfeiture and discharge of the lien. You will receive notice of the proceeding and may challenge the claim. If a judgment for Claimant is entered and remains unpaid, the owner's real estate may be sold to satisfy it; a judgment against a community association for its contract cannot be enforced by sale of real estate. The owner may instead pay Claimant and obtain a discharge, giving up the right to challenge the claim in court, or discharge the property lien with a surety bond or deposit under N.J.S.A. 2A:44A-31 while retaining that right.

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

Residential Projects Only — N.J.S.A. 2A:44A-21(b)(1) and 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 lodge the NUB for record within 60 days of last furnishing will bar the subsequent lien claim under N.J.S.A. 2A:44A-21(b)(1).

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(a)(2))

The lien claim must be lodged for record no later than 10 days after the Claimant receives the arbitrator's determination and within 120 days following the date the last work, services, material, or equipment was provided. Both deadlines apply (N.J.S.A. 2A:44A-6(a)(2)).

☐ This lien is being filed within the applicable deadline

IX. SERVICE OF LIEN CLAIM (N.J.S.A. 2A:44A-7)

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-7)

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: Timely service is part of the statutory process. A lien does not attach or become enforceable unless the lien claim is served in accordance with N.J.S.A. 2A:44A-7.

X. RESIDENTIAL CONSTRUCTION — ADDITIONAL REQUIREMENTS

A. Arbitration Provision (N.J.S.A. 2A:44A-21)

Unless the parties agreed in writing to an alternative dispute-resolution mechanism, a residential lien claimant must serve a demand for arbitration and institute the American Arbitration Association expedited proceeding within 10 days after lodging the Notice of Unpaid Balance. The claimant must obtain the arbitrator's determination before lodging the lien claim.

☐ Claimant served the arbitration demand within 10 days after lodging the NUB
☐ Claimant received the arbitrator's determination before lodging this lien claim

B. Home-Improvement Credential, If Applicable

N.J.S.A. 56:8-137 governs home-improvement work and excludes construction of a new residence. The claimant should identify any credential required for its own services. A construction lien claimant may instead be a supplier or may work on new construction; residential-project status alone does not establish a home-improvement registration requirement.

☐ Applicable home-improvement credential: [TYPE AND NUMBER]
☐ Not applicable to this claimant
☐ Other licensing or registration reviewed: [DETAILS]

C. Written Contract Requirement (N.J.S.A. 2A:44A-2 and 2A:44A-3)

The Construction Lien Law defines a "contract" as a writing signed by the party against whom the lien claim is asserted. A supplier may use a qualifying signed delivery or order slip. There is no monetary threshold or general emergency-work exception to this contract requirement.

☐ Qualifying signed contract or supplier slip exists between Claimant and: [________________________________]

XI. 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)

XII. MORTGAGE PRIORITY (N.J.S.A. 2A:44A-22)

A. Priority Rules

Under N.J.S.A. 2A:44A-22, a mortgage recorded before the lien claim or a qualifying Notice of Unpaid Balance generally has priority for advances made or obligated before that filing, and for specified later advances. A mortgage recorded after the lien claim or Notice may also have priority to the extent its funds are used for the purposes listed in subsection (b). Check the recording dates, any Notice of Unpaid Balance, advance obligations, and use of funds before asserting priority.

XIII. LIEN DISCHARGE AND BONDING PROVISIONS

A. Discharge by Payment (N.J.S.A. 2A:44A-30)

After payment, satisfaction, or settlement, the Claimant must file the statutory discharge certificate within 30 days, or within 7 days after demand by an interested party.

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

The owner, community association, contractor, or subcontractor may discharge the real-property lien by filing the surety bond or depositing funds in the amount and manner required by N.J.S.A. 2A:44A-31.

C. Discharge by Court Order (N.J.S.A. 2A:44A-30(b)-(c))

An interested party may seek summary discharge by order to show cause if the claimant fails or refuses to file a discharge certificate after the claim has been paid, satisfied, settled, or forfeited. The same summary procedure is available if the lien claim is without factual basis. A challenge based on willful overstatement or failure to comply with the Construction Lien Law is governed by the forfeiture rule in N.J.S.A. 2A:44A-15.

D. Penalty for Improper Lien (N.J.S.A. 2A:44A-15)

If a lien claim is without basis, willfully overstated, or not lodged substantially in the form, manner, or time required by law, the claimant forfeits the covered lien rights and is liable for the opposing parties' court costs and reasonable legal expenses, including attorney's fees. The court shall also enter judgment for damages to parties adversely affected by the lien claim. N.J.S.A. 2A:44A-15 defines "without basis" to include frivolous, false, contractually unsupported, malicious, bad-faith, or improper-purpose claims.

XIV. ENFORCEMENT

A. Enforcement Deadline

An action to enforce the lien must be commenced within one (1) year from the last provision of work, services, material, or equipment for which the lien claim was filed. A qualifying written demand under N.J.S.A. 2A:44A-14 can shorten the time to 30 days.

B. Court of Jurisdiction

Enforcement actions are commenced in the New Jersey Superior Court, with venue in the county where the affected real property is located.

C. Lis Pendens

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

XV. 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 Credentials. Check any licensing or registration rules that apply to this claimant and work. Residential construction alone does not establish a home-improvement registration requirement.

4. Mortgage Priority. Review N.J.S.A. 2A:44A-22 and the recorded mortgage and Notice of Unpaid Balance; priority can depend on when funds were advanced and how they were used.

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, current unannotated statutes: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112
• N.J.S.A. 2A:44A-20 — Notice of Unpaid Balance and Right to File Lien: https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/1475

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.