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pre lien on a construction agreement in the state of NJ

New Jersey

Hi I am a licensed contractor in the State of New Jersey. I want to add a "pre-lien" clause on the back of my agreement. Something that states something like this..."please allow this to be your notice of a pre-lien to your home or property in the event that you do not pay us any balance owed...blah blah blah. Can anyone offer any help? I am re-doing my agreemnents. Paul 732-366-5996

2 replies

Sep 9, 2020
As a primary contractor in New Jersey, generally no preliminary notice is required. However on residential projects, the GC should file and service a Notice of Unpaid Balance and Right to File Lien to retain the right to file a lien if necessary. In New Jersey, if you don't want to file a mechanics lien but want to protect your lien priority if the property owners sells the premises, you can file a "Notice of Unpaid Balance and Right to File Lien." This form isn't a lien but does offer some protections in the event the property is sold or transferred after form is filed, yet it is not a substitute for a mechanics lien.
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Sep 9, 2020
As a primary contractor in New Jersey, generally no preliminary notice is required. However on residential projects, the GC should file and service a Notice of Unpaid Balance and Right to File Lien to retain the right to file a lien if necessary. In New Jersey, if you don't want to file a mechanics lien but want to protect your lien priority if the property owners sells the premises, you can file a "Notice of Unpaid Balance and Right to File Lien." This form isn't a lien but does offer some protections in the event the property is sold or transferred after form is filed, yet it is not a substitute for a mechanics lien.
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