New Jersey
Bond or Lien Claim-Public Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

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.

Description: Notice of Claim on Bond and Lien for Public Improvement and Notice of Non-Payment to Surety.

Scope: State of New Jersey, Public 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 Notice of Claim on Bond may be served at anytime on the public entity, but within 80 days of completion or acceptance of the project. The lien will be on any funds owed to the general contractor by the public entity at the time the lien is filed. Liens are allowed on municipal, county and related public works, but not on New Jersey state projects.

Bond Claim: You must serve the surety or bonding company and public entity with a Public Works Bond within 80 days of acceptance of the project by the public entity. Also serve a copy of the Notice of Non-Payment to Surety on the surety or bonding company. Send copies of your claim by certified mailer personal service.

Perfection: Bond Claim: You must file suit to perfect your bond claim after service of the notice but no earlier than80 days AFTER acceptance of the contract. 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 (don't pass these up! Estimate if necessary. In the case of Bond Claims, the public entities and sureties will reserve only the amount for which you make claim!), and the county of the state where the recording will be made.

Form Types: Notice of Claim on Bond and Lien for Public Improvement, Notice of Non-Payment to Surety and Exhibit’s A-D, if needed.

Procedures: Prepare your documents using the required information. Serve the Notice of Claim on Bond and Lien For Public Improvement on the public entities and sureties, if known. Also serve a copy of the Notice of Non-Payment to Surety on the surety or bonding company. File suit on the lien within 60 days of the completion or acceptance of the project. File suit on the bond no sooner than 80 days after of the date of the acceptance of the principal contract.

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