Mechanics Lien Filing Package — New Jersey

Mechanics Lien Filing Package (New Jersey)

Quick-Reference Summary

WARNING: Filing a willfully overstated, false, or unsupported lien exposes the claimant to forfeiture of lien rights, costs, attorneys' fees, and damages under N.J.S.A. 2A:44A-15.

Part A — Pre-Lien Notice

A-1. Notice of Unpaid Balance and Right to File Lien (NUB)

NOTICE OF UNPAID BALANCE AND RIGHT TO FILE LIEN
(N.J.S.A. 2A:44A-20)

Statement: The undersigned, in accordance with the New Jersey Construction Lien Law, gives notice that the amount stated above is presently due and unpaid for work, services, materials, or equipment provided in connection with the improvement of the property described above. This Notice is effective for 90 days from the date below (or, for a residential construction contract claim, for 120 days), and may be followed by the filing of a lien claim within that period.

Signed: ________________________ Title: [____] Date: [__/__/____]

Use the complete statutory form and calculation in N.J.S.A. 2A:44A-20. Lodge it with the County Clerk in the county where the property is located.

A-2. Demand for Arbitration (Residential Projects Only)

DEMAND FOR ARBITRATION OF RIGHT TO FILE LIEN
(N.J.S.A. 2A:44A-21(b))

To: American Arbitration Association
Re: Project at [PROPERTY ADDRESS]
Claimant: [NAME] / Respondent (Owner): [NAME]

Claimant, pursuant to N.J.S.A. 2A:44A-21, demands arbitration to determine its right to file a construction lien claim and the validity and amount of the lien claim asserted in the attached Notice of Unpaid Balance and Right to File Lien dated [__/__/____].

Amount in dispute: $[____]

Signed: ________________________ Date: [__/__/____]

Attach: NUB, contract, payment records, lien waivers received, and computation of balance due.

Part B — Claim of Mechanics Lien (Construction Lien Claim)

CONSTRUCTION LIEN CLAIM
Pursuant to N.J.S.A. 2A:44A-1 et seq.

STATEMENT OF CLAIMANT:

The above-named Claimant hereby claims a construction lien against the interest of the Owner in the real property described above for the amount set forth in item 14, representing the value of work, services, materials, and/or equipment furnished pursuant to a written contract for the improvement of said real property. The amount claimed is justly due and owing after deducting all just credits and offsets.

VERIFICATION (N.J.S.A. 2A:44A-8)

I, [NAME], [TITLE] of Claimant, certify under penalty of perjury that I have read this Construction Lien Claim, that the facts stated in it are true to the best of my knowledge, that the amount claimed is justly due, and that the claim is not filed to harass the owner or for any improper purpose.

Signed: ________________________ Title: [____] Date: [__/__/____]

NOTARY ACKNOWLEDGMENT

State of New Jersey ) ss. County of [____])

On [__/__/____], before me personally appeared [NAME], who acknowledged executing the foregoing Construction Lien Claim.

Notary Public: ________________________ Commission Expires: [__/__/____]

Attach: copy of contract; itemized statement; copy of NUB and arbitration award (residential).

Part C — Notice of Filing Lien Claim to Owner

[Date: __/__/____]

To: [OWNER NAME]
[OWNER ADDRESS]

Via Certified Mail, Return Receipt Requested, and Regular Mail

Re: Service of Construction Lien Claim — [PROPERTY ADDRESS]

Dear [OWNER]:

Enclosed please find a true and complete copy of the Construction Lien Claim filed on [__/__/____] with the [COUNTY] County Clerk against your interest in the real property located at [PROPERTY ADDRESS], Block [____], Lot [____], in the amount of $[____], pursuant to the New Jersey Construction Lien Law, N.J.S.A. 2A:44A-1 et seq.

This Notice is served upon you pursuant to N.J.S.A. 2A:44A-7. The lien claim, if not satisfied, discharged, bonded, or extinguished, must be enforced by suit filed within one (1) year of the date of the last work, services, materials, or equipment provided, or within 30 days of written demand by the owner to commence suit, whichever occurs first (N.J.S.A. 2A:44A-14).

Sincerely,

[NAME], [TITLE]
[FIRM / CLAIMANT]
[ADDRESS, PHONE, EMAIL]

Enclosures: (1) Filed Construction Lien Claim; (2) Recording receipt from County Clerk.

Part D — Suit to Foreclose

SUPERIOR COURT OF NEW JERSEY, LAW DIVISION — [____] COUNTY

Docket No.: [____]
Civil Action
COMPLAINT TO FORECLOSE CONSTRUCTION LIEN

Plaintiff [CLAIMANT], by and through undersigned counsel, brings this Complaint pursuant to N.J.S.A. 2A:44A-14 and alleges:

Parties and Jurisdiction

1. Plaintiff is a [entity type] organized under the laws of [STATE] with its principal place of business at [ADDRESS].
2. Defendant [OWNER] is the owner of record of real property located at [PROPERTY ADDRESS], Block [____], Lot [____], [____] County, New Jersey ("Property").
3. Defendant [GENERAL CONTRACTOR] contracted with [OWNER] (or higher-tier party) for the improvement of the Property.
4. This Court has jurisdiction and venue pursuant to N.J.S.A. 2A:44A-14 and R. 4:3-2 because the Property is located in [____] County.

Factual Allegations

5. On [__/__/____], Plaintiff entered into a written contract with [CONTRACTING PARTY] to furnish [DESCRIPTION] for the improvement of the Property in the contract amount of $[____].
6. Plaintiff first furnished work, services, materials, or equipment on [__/__/____] and last furnished on [__/__/____].
7. Plaintiff is owed a principal balance of $[____], after deducting all just credits and offsets.
8. [Residential only] On [__/__/____], Plaintiff filed and served a Notice of Unpaid Balance and Right to File Lien, demanded arbitration on [__/__/____], and obtained an arbitration determination on [__/__/____] in compliance with N.J.S.A. 2A:44A-21.
9. On [__/__/____], Plaintiff filed a Construction Lien Claim against the Property with the [____] County Clerk at Book [____] Page [____] / Instrument No. [____].
10. On [__/__/____], Plaintiff served a copy of the Construction Lien Claim on the Owner and Contracting Party within 10 days after lodging for record as required by N.J.S.A. 2A:44A-7.

Count I — Foreclosure of Construction Lien

11. Plaintiff repeats the foregoing allegations.
12. Plaintiff has fully complied with the Construction Lien Law and is entitled to a judgment fixing the amount of its lien and directing foreclosure sale of the Owner's interest in the Property to satisfy the lien.

Count II — Breach of Contract (against [CONTRACTING PARTY])

13. Plaintiff repeats the foregoing allegations.
14. [CONTRACTING PARTY] breached the contract by failing to pay amounts owed, causing damages of $[____].

Prayer for Relief

WHEREFORE, Plaintiff demands judgment:

a. Establishing and fixing Plaintiff's construction lien against the Property in the amount of $[____] plus interest, costs, and attorneys' fees as permitted by N.J.S.A. 2A:44A-15;
b. Ordering foreclosure sale of the Owner's interest in the Property;
c. Awarding compensatory damages against [CONTRACTING PARTY];
d. Awarding such other relief as the Court deems just.

Demand for Jury Trial (legal claims only)

Plaintiff demands trial by jury on all issues so triable.

[ATTORNEY NAME, BAR NO.]
[FIRM, ADDRESS, PHONE, EMAIL]
Attorneys for Plaintiff
Date: [__/__/____]

File and record Notice of Lis Pendens (N.J.S.A. 2A:15-6) concurrently with the Complaint.

Part E — Pre-Filing Checklist

☐ Confirm claimant has a written contract (required under N.J.S.A. 2A:44A-3)
☐ Confirm last date of work, services, materials, or equipment furnished
☐ Calendar 60-day NUB deadline (residential) and 90-day lien claim deadline
☐ For residential projects: file NUB with County Clerk and demand AAA arbitration within 10 days
☐ For residential projects: obtain arbitrator's determination before filing lien claim (N.J.S.A. 2A:44A-21)
☐ Verify amount: deduct all payments, credits, retainage limitations, and waived amounts
☐ Confirm property legal description, block, and lot
☐ Confirm owner of record and contracting party identity and addresses
☐ Prepare Construction Lien Claim substantially in statutory form (N.J.S.A. 2A:44A-8)
☐ Have lien claim signed, acknowledged, and verified before a notary
☐ File lien claim with County Clerk in county where property is located
☐ Serve copy on Owner and Contracting Party within 10 days after lodging for record (N.J.S.A. 2A:44A-7)
☐ Calendar 1-year suit-to-enforce deadline (N.J.S.A. 2A:44A-14)
☐ Calendar 30-day response window for any written demand to commence suit
☐ Maintain certified copies of recording, service proofs, and arbitration award
☐ Confirm lien is not filed against a single-family owner-occupied residence outside the residential procedure
☐ Confirm not subject to "no-lien" provisions of a public works or condominium master deed
☐ Confirm no lien waiver previously executed for the work claimed

Sources and References

• N.J.S.A. 2A:44A-1 et seq. (Construction Lien Law): https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112
• N.J.S.A. 2A:44A-6 (Time for filing lien claim): https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/1455
• N.J.S.A. 2A:44A-8 (Form and content of lien claim): https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/1457
• N.J.S.A. 2A:44A-14 (Action to enforce; one year): https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/1463
• N.J.S.A. 2A:44A-15 (Damages for forfeited or invalid lien)
• N.J.S.A. 2A:44A-20 (Notice of Unpaid Balance form): https://lis.njleg.state.nj.us/nxt/gateway.dll/statutes/1/112/1469
• N.J.S.A. 2A:44A-21 (Residential construction lien arbitration)
• New Jersey Courts — Superior Court, Law Division: https://www.njcourts.gov/