New Jersey Mechanic Lien Law: Complete Guide
Your Complete Guide to Construction Lien Rights Under N.J.S.A. 2A:44A-1 et seq. — Residential Works, Commercial Works & Payment Bond Claims
New Jersey mechanic lien deadline table with toggles for project type and claimant type.
New Jersey Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Commercial projects: no preliminary notice is required. The prime contractor may proceed directly to filing a Construction Lien Claim.
Residential projects (owner-occupied one- or two-family dwelling): the prime must first lodge a Notice of Unpaid Balance and Right to File Lien (NUB) with the county clerk within 60 days after last furnishing, and then submit the dispute to arbitration before a Construction Lien Claim may be filed.
Commercial projects: lodge the Construction Lien Claim with the county clerk within 90 days after last furnishing labor, materials, services, or equipment.
Residential projects: after the NUB is lodged and the claim has proceeded to arbitration, the Construction Lien Claim must be lodged within 120 days after last furnishing, and in no event later than 10 days after receipt of the arbitration award.
Serve a copy of the Construction Lien Claim on the owner and prior lien claimants within 10 business days of lodging.
Commence an action to enforce the Construction Lien Claim within 1 year after last furnishing, or within 30 days after written demand by the owner to commence suit, whichever is earlier.
Preliminary Notice
Commercial projects: no preliminary notice is required. The prime contractor may proceed directly to filing a Construction Lien Claim.
Residential projects (owner-occupied one- or two-family dwelling): the prime must first lodge a Notice of Unpaid Balance and Right to File Lien (NUB) with the county clerk within 60 days after last furnishing, and then submit the dispute to arbitration before a Construction Lien Claim may be filed.
Mechanic Lien
Commercial projects: lodge the Construction Lien Claim with the county clerk within 90 days after last furnishing labor, materials, services, or equipment.
Residential projects: after the NUB is lodged and the claim has proceeded to arbitration, the Construction Lien Claim must be lodged within 120 days after last furnishing, and in no event later than 10 days after receipt of the arbitration award.
Serve a copy of the Construction Lien Claim on the owner and prior lien claimants within 10 business days of lodging.
Enforcement
Commence an action to enforce the Construction Lien Claim within 1 year after last furnishing, or within 30 days after written demand by the owner to commence suit, whichever is earlier.
New Jersey Mechanic Lien Law Overview
New Jersey construction lien rights are governed by the New Jersey Construction Lien Law, N.J.S.A. 2A:44A-1 et seq. This statutory framework protects the payment rights of contractors, subcontractors, and suppliers who furnish labor, services, materials, or equipment for the improvement of real property in the State of New Jersey.
New Jersey distinguishes between residential and commercial construction for lien purposes. On residential construction projects, a lien claimant must file a Notice of Unpaid Balance and Right to File Lien (NUB) within 60 days of the last date materials were delivered or services performed, or within 60 days after completion, acceptance, or termination of the contract, whichever is earlier. The NUB must be served on the owner by certified mail, return receipt requested, or by personal service. On commercial construction projects, no preliminary notice is required, but the lien claim must be filed within 90 days after the last date the claimant provided work, services, material, or equipment.
Lien claims in New Jersey are filed with the office of the County Clerk in the county where the property is located. The lien amount is limited to the amount the owner owes the contractor at the time of service of the lien claim, unless the owner has made payments in violation of the Construction Lien Law. Disputes on residential projects over lien validity are resolved through arbitration, while commercial lien disputes are adjudicated in the Superior Court of New Jersey.
For public works projects, New Jersey requires payment bonds on public contracts exceeding $100 under N.J.S.A. 2A:44-143 et seq. Subcontractors and suppliers must serve a notice of claim within 90 days after the last date of furnishing labor, materials, or equipment. Suit on the payment bond must be filed within one year after the last date of furnishing. New Jersey also provides strong anti-waiver protections under N.J.S.A. 2A:44A-38, invalidating any contractual provision that purports to waive lien rights in advance.
National Lien & Bond provides authoritative guidance on every aspect of New Jersey construction lien compliance, from Notice of Unpaid Balance requirements through lien claim filing, payment bond claims, and lien enforcement proceedings.
Topics on This Page
New Jersey Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for New Jersey construction mechanic lien law.
Notice Requirements
Notice of Unpaid Balance and Right to File Lien obligations for residential projects, commercial project exemptions, and public works payment bond claim notice requirements under New Jersey law
Mechanic Lien Deadlines
60-day residential NUB deadline, 90-day commercial lien filing requirements, County Clerk recording procedures, and lien amount limitations under N.J.S.A. 2A:44A-1 et seq.
Mechanic Lien Enforcement Deadlines
One-year suit deadline, residential arbitration procedures, Superior Court enforcement for commercial liens, and payment bond suit timelines
Frequently Asked Questions
What are the construction lien rights available in New Jersey?
New Jersey provides construction lien rights under N.J.S.A. 2A:44A-1 et seq. for contractors, subcontractors, and suppliers who furnish labor, services, materials, or equipment for the improvement of private real property. Residential projects require a Notice of Unpaid Balance within 60 days. Commercial liens must be filed within 90 days of last furnishing. Suit must be filed within one year.
Is a preliminary notice required to file a construction lien in New Jersey?
On residential projects, a Notice of Unpaid Balance and Right to File Lien (NUB) must be served on the owner within 60 days of last furnishing or completion, acceptance, or termination, whichever is earlier, under N.J.S.A. 2A:44A-6. On commercial projects, no preliminary notice is required.
What is the deadline to file a construction lien in New Jersey?
On both residential and commercial projects, the construction lien claim must be filed within 90 days after the last date the claimant provided work, services, material, or equipment. On residential projects, the NUB must be served first within 60 days. The lien is filed with the County Clerk in the county where the property is located.
How are public works payment rights protected in New Jersey?
Public works projects with contracts exceeding $100 require payment bonds under N.J.S.A. 2A:44-143 et seq. Subcontractors and suppliers not in direct privity with the general contractor must serve a notice of claim within 90 days after last furnishing. Suit must be filed within one year of last furnishing.
How does New Jersey distinguish between residential and commercial lien procedures?
Residential construction involves an owner-occupied dwelling of no more than three units. It requires a NUB and disputes go to arbitration. Commercial construction includes all other projects. It requires no preliminary notice and disputes are resolved in Superior Court. Both require lien filing within 90 days and suit within one year.
Can construction lien rights be waived in a New Jersey contract?
No. Under N.J.S.A. 2A:44A-38, any contractual provision that purports to waive the right to file a construction lien is void and unenforceable. Only a lien waiver executed after the work has been performed and payment has been received is valid under New Jersey law.