How do I file a construction lien in New Jersey?

New Jersey's Construction Lien Law is at N.J.S.A. §§ 2A:44A-1 to 2A:44A-38.

1. Who Can File

Contractors, subcontractors, sub-subs, and suppliers who provide work, services, materials, or equipment to improve real property pursuant to a written contract (N.J.S.A. § 2A:44A-3).

2. Preliminary / Pre-Lien Notice

Commercial projects require no pre-lien notice. Residential projects require: (1) a Notice of Unpaid Balance and Right to File Lien (NUB) filed in the county clerk within 60 days of last work; (2) demand for arbitration with the American Arbitration Association within 10 days of NUB filing; and (3) an arbitrator's award of the right to lien within 30 days (N.J.S.A. § 2A:44A-21).

3. Recording the Lien

File a verified Construction Lien Claim with the county clerk where the property is located. Commercial: within 90 days of the last day labor, services, or materials were furnished (N.J.S.A. § 2A:44A-6). Residential: within 10 days after the arbitrator's award, but in no event later than 120 days from last work. The claim must include claimant, owner, contractor, dates, amount, and a property description.

4. Service on Owner

Serve a copy on the owner, contractor (if different), and any other interested party within 10 business days of filing (N.J.S.A. § 2A:44A-7).

5. Suit to Foreclose

Commence action to enforce the lien within 1 year of last work or 30 days after written demand by the owner (N.J.S.A. § 2A:44A-14).

6. Priority

Liens take priority from the date of filing; mortgages and other interests recorded before the lien retain priority (N.J.S.A. § 2A:44A-10).

7. Bond Release

Owner or contractor may discharge by posting a surety bond or cash deposit of 110% of the claim (N.J.S.A. § 2A:44A-31).

8. Homestead / Residential

Residential lien claims have a separate, arbitration-driven process and stricter notice rules. Owner-occupied 1- or 2-family dwellings are subject to these enhanced protections (N.J.S.A. § 2A:44A-21).

9. Fraudulent Lien Penalties

Willfully overstated or non-compliant liens are subject to forfeiture, with damages, costs, and attorney's fees awarded to the prevailing party (N.J.S.A. § 2A:44A-15). Filing a false claim may also be civilly and criminally actionable.

This is legal information, not legal advice.