New Jersey Lien Waivers Guide and FAQs

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New Jersey Lien Waiver FAQs

New Jersey Lien Waiver Overview

New Jersey Lien Waiver Rules


  • Rules At A Glance
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lien waivers not regulated
No Specific Form

New Jersey law does not provide or require specific forms for lien waivers.


lien waivers do not need to be notarized
Notarization Not Required

New Jersey lien waivers do not need to be notarized.


icon-can't waive lien rights
Cannot Waive Rights in Contract

New Jersey does not allow lien rights to be waived in advance, and any such wavier is void and unenforceable.


icon-can't waive lien rights
Cannot Waive Rights Before Payment

All waivers prior to receiving payment are prohibited by NJ statutory law.

Lien waivers are pretty complex documents. But they are also unassuming because of how frequently they get exchanged on construction jobs across the country, and in New Jersey. A lien waiver is basically a receipt that payment has been made for work or materials on a job. These documents are exchanged at the time of payment, and commonly attached to subcontractor pay applications or vendor invoices.

There are different types of lien releases for different types of situations. And these documents have significant consequences for everyone on a job — as it connects directly to everyone’s right to cash! Also, one pesky aspect of lien waivers is that the process of sending, requesting, tracking, and collecting lien waivers is an administrative pain that slows down the payment on a project.

Knowing everything you can about lien waivers will allow you to make your process faster. And if your process is faster, your cash will move faster; and that’s good news for everyone on the project!

New Jersey lien waiver laws

New Jersey lien waivers are unregulated, in terms of the form or specific language necessary to make the waiver effective, but they are regulated with respect to when a lien waiver can be given and be effective.

New Jersey does not provide lien waiver (also sometimes called lien release) templates in its statutes, or provide clear information specifying how a lien waiver should be drafted. Participants on New Jersey construction projects have a lot of freedom to choose the exact format and language of lien waivers.

In contradiction to the basic free-for-all regarding the waiver language, there are strict limitations to when lien waivers can be requested and provided. Since protecting lien rights is often public policy many states have protections in place to make sure those rights aren’t unfairly side-stepped. In New Jersey, all waivers prior to receiving payment are prohibited by NJ statutory law, and any such waiver is void and unenforceable.

In New Jersey, like everywhere, construction participants should pay careful attention to lien waivers. They are exchanged all the time, but they can have serious consequences.  The resources, forms, guides, and frequently asked questions about New Jersey Lien Waivers on this page will help you get it right.

New Jersey Lien Waivers FAQs

New Jersey's lien waiver requirements and rules can be difficult to understand. While the rules and requirements related to the content of lien waiver documents are basically non-existent, there are strict rules with respect to the appropriate timing of lien waivers. This can create some difficult situations for construction participants in New Jersey, who have to balance those extremes. We have some of the most common questions about New Jersey's lien waiver rules below.

New Jersey Lien Waiver FAQs

Does New Jersey require a specific statutory lien waiver form?

No, New Jersey does not require or have statutory forms for lien waivers. Because the form and content of lien waivers aren’t regulated under New Jersey’s lien laws, careful attention should be given to the actual terms of the waiver to ensure you’re not waiving more than intended.

• See: Should You Sign That Lien Waiver?

What are the requirements for an New Jersey lien waiver? What makes a lien waiver binding?

In New Jersey, the lien waiver must be given in consideration for payment for the labor and/or materials furnished.  Lien waivers are not effective until such payment is actually received by the waiving party.

Are unconditional waivers prohibited in New Jersey?

No, as long as the lien waiver is clear and unambiguous, and is made in exchange for payment, the waiver is valid and enforceable. However, if you have yet to receive payment, a conditional waiver is always the safer option.

• See: Conditional v. Unconditional Lien Waivers, What’s the Difference?

Can New Jersey contractors or suppliers waive their lien rights in their contract or prior to performance?

No, New Jersey lien laws expressly prohibit the practice of waiving lien rights “also referred to as no-lien clauses” in their contract or prior to performance.

• See: Does a general contractor have the right to restrict a subcontractor’s right to lien in NJ?

Can a contractor or supplier waive their lien rights before payment is made?

No. Although there’s no prohibition against unconditional waivers, they will only be effective only upon and to the extent that such payment is actually received.

Must New Jersey lien waivers be notarized?

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Free New Jersey Lien Waivers Forms & Templates

New Jersey does not have required lien waiver forms, but here are some lien waiver templates that can be used stress-free on New Jersey projects. These waiver templates were drafted by construction attorneys to be fair, clear, and easy to use.

The forms provided here for free by Levelset are clear and fair to all parties. You can download them free, or use our free system to send or request your New Jersey lien waiver form..

Free New Jersey Lien Waiver Forms

These New Jersey lien waiver forms are fair clear, and drafted by construction attorneys. Make it easy, and use forms from the source you can trust.

New Jersey Final Conditional Lien Waiver Form - free from

New Jersey Final Conditional Lien Waiver Form

This nj final conditional waiver (also called a final conditional lien release) should be used when the final payment for a project is expected but...

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New Jersey Final Unconditional Lien Waiver Form - free from

New Jersey Final Unconditional Lien Waiver Form

This nj final unconditional waiver (also called a final unconditional lien release) should be used when the final payment for a project has been made...

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New Jersey Partial Conditional Lien Waiver Form - free from

New Jersey Partial Conditional Lien Waiver Form

This nj partial conditional waiver (also called a partial conditional lien release) should be used when a progress payment on the project is expected. There...

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New Jersey Partial Unconditional Lien Waiver Form - free from

New Jersey Partial Unconditional Lien Waiver Form

This nj partial unconditional waiver (also called a partial unconditional lien release) should be used when a progress payment on the project has been received....

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