New Jersey
Bond or Lien Claim-Private Work

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Construction Lien Claim

Scope: State of New Jersey, Private Works.

Time Constraints: Before filing any claim, obtain a copy of the surety bond for specifics. Use the New Jersey Preliminary Notice forms to obtain this information.

Lien Claim: The Construction Lien Claim must be filed within 90 days (residential, 120 days) of your last furnishing to the project, and may only be done if you filed and served a Notice of Unpaid Balance and Right to File Lien previously (See New Jersey Notice of Unpaid Balance, Private Work, for more information). After filing the lien, it must be served within 10 days of the filing date on the owner and general contractor.

A construction project which includes any residential units is deemed “Residential” in nature.

Suppliers to suppliers may now file liens.   A supplier to a supplier who falls within the first three tiers of the contracting chain and has a written contract may now file a lien on a project.  Be ready to prove your materials specifically went to this project.

Perfection: Bond Claim: You must file suit to perfect your bond claim after service of the Construction Lien Claim but within one year after filing of the claim. Suit must be filed against the surety at the same time.

The usual remedy is to file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D and any additional costs as to legal fees, court costs and interest charges (do not pass these up. Estimate if necessary.

Form Types: Construction Lien Claim and Exhibit’s A-D, if needed.

Procedures: Prepare your documents using the required information. After filing, within ten days serve a copy of the Construction Lien Claim on the Owner and General Contractor.

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