We are a construction subcontractor and finished a large commercial project in January 2022. We started the project in September 2021 and completed it in January 2022, however they are requesting that we go back this week to complete some additional work Thursday & Friday. The question is, do we restart the 90 day construction lien deadline since we are going back this week or does the 90 day deadline remains from January 2022.
The 90 day time limit for filing a lien under the NJ Construction Lien Law requires that the claimant file the lien claim with 90 days of performing contract work at the improved party. Merely performing extra work or warranty work would not survive if challenged. However, if the owner is requesting additional work AND you can secure written approval to amend the contract (i.e. get a written change order), that would effectively extend the 90 day deadline and enable you to file a lien claim for the total outstanding sum owed. Keep in mind that NJ requires a written contract, so you will need to document that the owner/GC approved of the additional work, thereby amending the contract.