New Jersey Construction Lien Form
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Get help filing your New Jersey Mechanics Lien
A mechanics lien is a powerful tool that contractors and suppliers can use to get paid on a private construction project. A New Jersey mechanics lien, also known as a “construction lien,” allows unpaid construction parties to record a claim against the property in New Jersey.
Fill out the form on the right to download the New Jersey Construction Lien Form.
This form meets the requirements of New Jersey’s Construction Lien Law as enacted by the New Jersey state legislature.
Rules and regulations for sending a New Jersey Mechanics Lien
Liens must be filed in New Jersey within 90 days from when the claimant last furnishes labor and/or materials to a construction project. This deadline marks the 90 day period from when you last performed labor and/or materials.
After completing the New Jersey Construction Lien Form, you must deliver it to the appropriate parties required by statute. Notices are typically served on the property owner and, for sub-tier parties, the general contractor. However, depending on the type of notice, it can be helpful to send notices to anyone else who is in charge of your payment, like a lender or surety company on the project.
Others are asking about New Jersey Mechanics Lien
subcontractor master agreement. within states: general release and waiver of lien rights.
It depends on 1) the language in the actual agreement; and 2) whether the underlying project is being constructed on land that is owned by a public or private entity. For privately owned jobs, the right to lien can only be waived to the extent that payment has been received (i.e. the waivers of lien which you are required to submit before your monthly invoice is paid). The statute governing public projects does not expressly prohibit general lien waivers, but that does not necessarily mean that such a lien waiver would be enforceable.
See: https://www.bartjkleinlaw.com/construction-litigation/2015/11/25/is-it-legal-to-waive-municipal-mechanics-lien-rights-in-new-jersey/#:~:text=Waivers%20of%20construction%20lien%20rights,N.J.S.A.
I would think it depends on who the general contractor is. If they are a credentialed GC with a good reputation, their bolierplate master service agreement has likely been tailored to conform with NJ law. If it's being offered by a less-established or out-of-state GC, I would be a bit more circumspect.
Custom items ordered that haven't been delivered can it be assumed as still on the job to file a NJ mechanics lien?
In order for the work to be elligible to lien against a NJ property, it must be part of the written contract scope and the claim needs to be filed in a timely manner under the applciable statute. If the custom doors are included in the millwork materials your company was hired to furnish, you could absolutely extend the permissible filing deadline by delivering them to the customer's property which you would now wish to lien. Keep in mind that the both the deadlines and procedures in NJ differ depending on whether or not the property is used for a residential purpose.
Would a lien be classified as residential or commercial, if it is owned by a bank/trust - and not by an individual?
If the improved structure is used for a residential purpose, the c;laim needs to be filed under the Residential Lien Law, N.J.S.A. 2A:44A-21. See:
https://law.justia.com/codes/new-jersey/2013/title-2a/section-2a-44a-21
Please keep in mind that a proper residential lien claim in NJ is a bit more complicated than filing a commercial lien claim, in that the Notice of Unpaid Balance needs to be filed within 60 days of when contract work was performed AND the claimant also has to file a claim with the American Arbitration Asscoiation.
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Other forms to use in New Jersey
New Jersey County Recorders
Looking to file/record a mechanics lien in New Jersey? You'll need to get your New Jersey mechanics lien filed and recorded with the county recorder in the county where the construction project is located. Here is a listing of all county recorders in New Jersey. Click on any county to find more information about how to get your lien recorded in that county.
Atlantic
5901 Main Street
Mays Landing, New Jersey, 8330
phone: (609)641-7867, (609)625-4011
fax:
Bergen
One Bergen County Plaza Room 110
Hackensack, New Jersey, 7601
phone: 201.336.7000
fax:
Burlington
49 Rancocas Rd
Mt Holly, New Jersey, 8060
phone: 609 265 5000
fax:
Camden
520 MARKET ST- ROOM 102
Camden, New Jersey, 8102
phone: 856-225-5300
fax:
Cape May
7 N. Main Street
Cape May Court House, New Jersey, 8210
phone: 609-465-1010
fax:
Essex
465 Martin Luther King Blvd, Room 240
Newark, New Jersey, 7102
phone: (973) 621-4921
fax:
Gloucester
1 North Broad St
Woodbury, New Jersey, 8096
phone: 856-853-3230
fax:
Hudson
257 Cornelison Avenue 4th floor
Jersey City, New Jersey, 7302
phone: (201) 369-3470
fax:
Hunterdon
71 Main Street, Hall of Records
Flemington, New Jersey, 8822
phone: 908-788-1221
fax:
Mercer
240 West State Street
Trenton, New Jersey, 8608
phone: 609-989-6464
fax:
Middlesex
75 Bayard Street
New Brunswick, New Jersey, 8901
phone: (732) 745-3827
fax:
Monmouth
33 Mechanic Street, 2nd Floor Attn: Recording Department
Freehold, New Jersey, 7728
phone: 732-431-7324 ext. 4
fax:
Morris
10 Court St
Morristown, New Jersey, 7963
phone: 9732856000
fax:
Ocean
118 Washington Street
Toms River, New Jersey, 8754
phone: (732) 929-2018
fax:
Passaic
401 Grand Street Room 113
Paterson, New Jersey, 7505
phone: (973) 881-4777 ext 3
fax:
Salem
110 Fifth St.
Salem, New Jersey, 8079
phone: 856.935.7510
fax:
Somerset
20 grove st
Somerville, New Jersey, 8876
phone: (908) 231-7007
fax:
Sussex
Hall of Records 83 Spring St., Suite 304
Newton, New Jersey, 7860
phone: 973-579-0900
fax:
Union
2 Broad Street Rm 114
Elizabeth, New Jersey, 7207
phone: 908-527-4787
fax:
Warren
413 Second St
belvidere, New Jersey, 7823
phone: (908) 475-6211
fax: 908-475-6208